Terms & Conditions

Accepting These Terms

This document and the other documents that we reference below make up our Terms and Conditions (“Terms,” for short) for use of eagleslandingtradingpost.com, a hosting website owned, maintained, and operated by Ysleta del Sur Pueblo (YDSP), a federally recognized Indian tribe. The Terms are a legally binding contract between you and eagleslandingtradingpost.com. This contract sets out your rights and responsibilities when you use eagleslandingtradingpost.com or our mobile apps (“Services” for short). By using any of our Services (even just browsing our website), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. 

Those Other Documents We Mentioned

Eagleslandingtradingpost.com Services connect people around the world, both online and offline, to make, sell, and buy unique goods. Here’s a handy guide to help you understand the specific rules that are relevant for you, depending on how you use our Services:

Our House Rules for Everyone. If you use any of our Services, you agree to these Terms, our Privacy Policy, and our Anti-Discrimination Policy.

Our House Rules for Sellers. If you list any items for sale through our Services, these policies apply to you. You can read them here.

Our House Rules for Buyers. If you use our Services to browse or shop, these policies apply to you. You can read them here.

Our House Rules for Third Parties. These policies apply to intellectual property owners, eagleslandingtradingpost.com users, affiliates, and anyone requesting information from eagleslandingtradingpost.com.

All of these policies are a part of our Terms, so be sure to read the ones that are relevant for you. Of course, you’ll still want to read the rest of this document because it applies to everyone!

Your Privacy

We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Services. By using our Services, you’re also agreeing that we can process your information in the ways set out in the Privacy Policy, so please read it here.

Your Account with eagleslandingtradingpost.com

You’ll need to create an account with eagleslandingtradingpost.com to use some of our Services. Here are a few rules about accounts with eagleslandingtradingpost.com:

1. You must be 18 years or older to use our Services. Minors under who are at least 13 years of age may use our Services but only through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use eagleslandingtradingpost.com or the Services. You are responsible for any and all account activity conducted by a minor on your account. 
2. You must be an enrolled tribal member to list with eagleslandingtradingpost.com. Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account. Majority Native owned. If you are caught, we have a zero-tolerance policy and will be removed from eagleslandingtradingpost.com. Indian Arts & Crafts Act of 1990. (P.L. 101-644)
3. Choose an appropriate name. If you decide not to have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
4. You’re responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
5. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure. 
6. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and eagleslandingtradingpost.com.

Your Content

Content that you post using our Services is your content. We don’t make any claim to it, which includes anything you post using our Services.

1. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
2. Permission to Use Your Content. By posting Your Content through our Services, you grant eagleslandingtradingpost.com a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help eagleslandingtradingpost.com function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff. For example, you acknowledge and agree eagleslandingtradingpost.com may offer you or eagleslandingtradingpost.com users promotions on the Site, from time to time, that may relate to your listings
3. Reporting Unauthorized Content.com has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.
4. Inappropriate, False, or Misleading Content. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy, Community Policy, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

Your Use of Our Services

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:

1. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. 
2. Don’t Steal Our Stuff.You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services. If you want to use our API, please follow our API Terms of Use.
3. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.

Termination

Termination by You. We’d hate to see you go, but you may terminate your account with eagleslandingtradingpost.com at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination.

Termination by us. We may terminate or suspend your listing and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services. Eagleslandingtradingpost.com may refuse service to anyone, at any time, for any reason not prohibited by law.

If you or eagleslandingtradingpost.com terminate your account, you may lose information associated with your account, including Your Content.

We May Discontinue the Services. Eagleslandingtradingpost.com reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)

Items You Purchase. You understand that eagleslandingtradingpost.com does not manufacture, store, or inspect any of the items and services sold by providers listed on eagleslandingtradingpost.com. The items featured in each listing are produced and sold directly by independent sellers, so eagleslandingtradingpost.com cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release eagleslandingtradingpost.com from any claims related to items you purchase from sellers listed on our website and in our app.  

Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Eagleslandingtradingpost.com is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person. 

Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Eagleslandingtradingpost.com is not a party to those agreements; they are solely between you and the third party.

WARRANTIES. EAGLESLANDINGTRADINGPOST.COM IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK.

LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER EAGLESLANDINGTRADINGPOST.COM, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification (or What Happens If You Get Us Sued)

We hope this never happens, but if eagleslandingtradingpost.com gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend eagleslandingtradingpost.com (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

Disputes with Other Users

Release of eagleslandingtradingpost.com. You release eagleslandingtradingpost.com from any claims, demands, and damages arising out of disputes with other users or parties. If you find yourself in a dispute with another user of eagleslandingtradingpost.com’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

Disputes with Eagleslandingtradingpost.com

If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:

1. Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of YDSP.
2. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of YDSP.
3. Suit on any dispute arising out of or related to this Agreement shall brought in the Tribal Court of YDSP.
4. Legal Notice. All notices or required or permitted to be given hereunder shall be in writing and may be delivered personally or by Certified Mail – Return Receipt Requested, postage prepaid, addressed to the party’s last known address.
5. Nothing in this Agreement shall be construed as a diminishment of the Pueblo’s sovereign status and powers including immunity to suit.
6. Force Majeure. Neither party will be liable for failing to perform any obligation in this contract resulting from circumstances beyond the party’s reasonable control.
7. You may not assign this Agreement

Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

Some Finer Legal Points

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and eagleslandingtradingpost.com regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms. You may not assign this Agreement.