Terms of Service
Last Updated: April 8th, 2025
Welcome to the Wakaga Economic Development Group website ("Wakaga Group"). By accessing or using this website, you agree to be bound by the following Terms of Service ("Terms"). These Terms apply to all visitors, users, and others who access or use the site. If you disagree with any part of these Terms, please do not use our website.
Wakaga Group operates as a federally chartered tribal economic development entity under the sovereign authority of the Oglala Sioux Tribe. All operations, services, and content on this site are governed by tribal law and applicable federal regulations.
1. Changes to Terms
Wakaga Group reserves the right to update or modify these Terms at any time without prior notice. Your continued use of the website following any changes constitutes acceptance of the new Terms. We will notify users of material changes to these Terms via the website homepage or user email, where applicable. Please review these Terms periodically.
2. External Links
Our website may contain links to third-party websites or services that are not owned or controlled by Wakaga Group. We are not responsible for the content, privacy policies, or practices of any third-party sites or services. Use of linked sites is at your own risk.
3. Acceptable Use
You agree not to use this website:
· For any unlawful purpose or to solicit others to perform or participate in any unlawful acts.
· To violate any applicable tribal, federal, or local laws, rules, or regulations.
· To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
· To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate.
· To submit false or misleading information.
· To upload or transmit viruses or any other type of malicious code.
4. Communication Services
This website may include communication features such as forums, comment sections, or feedback channels ("Communication Services"). You agree to use these in a lawful and respectful manner. Wakaga Group is not responsible for any content posted by third parties.
We may, but are not obligated to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or that violates these Terms.
5. User Submissions
By submitting any content (text, images, suggestions, feedback, etc.) to Wakaga Group, you grant us a non-exclusive, royalty-free, worldwide, and perpetual right to use, reproduce, distribute, display, and publish such content in connection with our operations.
You are responsible for ensuring that your submissions do not infringe on any third-party rights. Wakaga Group does not assume responsibility for user-submitted content and reserves the right to remove or modify such content at any time.
6. Disclaimers and Limitation of Liability
This site and all its content, services, and features are provided "as is" and "as available" without any warranties of any kind. Wakaga Group does not warrant that the website will be error-free or uninterrupted.
To the fullest extent permitted by law, Wakaga Group disclaims all warranties, express or implied, and shall not be liable for any damages arising from the use or inability to use the site, including but not limited to direct, indirect, incidental, punitive, and consequential damages. Your sole and exclusive remedy for dissatisfaction with the site is to stop using it.
7. Termination
We reserve the right to terminate or suspend your access to all or part of the website at our sole discretion, without notice and for any reason, including, without limitation, a breach of these Terms.
8. Governing Law and Jurisdiction
These Terms are governed by the laws of the Oglala Sioux Tribe and applicable federal law. Any legal action or proceeding arising under or related to these Terms shall be subject to the exclusive jurisdiction of the Wakpamni Tribal Court or other relevant tribal or federal authorities. By using this website, you acknowledge that disputes will be resolved according to tribal law under the jurisdiction of the Wakpamni Tribal Court, and that tribal law may differ from federal or state law. For arbitration procedures, see Section 17.
9. Intellectual Property
All content on this site, including text, graphics, logos, icons, images, and software, is the property of Wakaga Group or its content suppliers and is protected by intellectual property laws. You may not reproduce, distribute, or exploit any content without our express written permission.
10. Copyright Infringement Claims
If you believe that your copyrighted work has been used in a way that constitutes copyright infringement, please provide our Designated Agent with the following information as outlined in 17 U.S.C. §512(c)(2):
· A physical or electronic signature of the copyright owner or authorized agent;
· Identification of the copyrighted work claimed to have been infringed;
· Identification of the material that is claimed to be infringing and where it is located;
· Your contact information;
· A statement by you that you have a good faith belief that the disputed use is not authorized;
· A statement that the information in your notice is accurate and you are the copyright owner or authorized to act on behalf of the owner.
Please send all DMCA notices to: [email protected]
11. Indemnification
You agree to indemnify, defend, and hold harmless Wakaga Group, its affiliates, officers, agents, employees, and partners from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your infringement of the rights of a third party.
12. Accessibility and International Use
This website is intended for use within the United States. Wakaga Group does not represent that the website or any content is appropriate or available for use in other jurisdictions. Those who choose to access the site from outside the U.S. do so on their own initiative and are responsible for compliance with local laws.
Wakaga Group strives to ensure accessibility for all users and endeavors to comply with current accessibility standards, including WCAG 2.1.
13. Version Control
These Terms of Service are maintained as a living document. Previous versions are archived and may be provided upon request for review.
14. Privacy Policy
Wakaga Group maintains a separate Privacy Policy that outlines how we collect, use, and protect personal data. You can view our Privacy Policy at https://wakagagroup.com/index.php/about/legal/privacy-policy or contact us at [email protected] with any privacy-related questions or concerns. For general informational guidance, see Section 23.
15. Eligibility
You must be at least 18 years old or the age of majority in your jurisdiction to use this site. By using the website, you affirm that you meet this requirement and have the authority to enter into these Terms.
16. Force Majeure
Wakaga Group shall not be held liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes, epidemics, natural disasters, or governmental actions.
17. Binding Arbitration and Class Action Waiver
Subject to Section 8, any dispute or claim relating in any way to your use of the website shall be resolved by binding arbitration administered in accordance with the American Arbitration Association’s rules. Arbitration will take place in Pine Ridge, South Dakota, unless otherwise mutually agreed. You agree to waive any right to participate in a class action or class-wide arbitration. This section does not apply to claims for injunctive or equitable relief for alleged violations of Wakaga Group’s intellectual property rights.
18. Severability and Waiver
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect. The failure of Wakaga Group to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
19. Export Control Compliance
You agree to comply with all applicable export and re-export control laws and regulations, including the U.S. Export Administration Regulations and sanctions maintained by the U.S. Department of Treasury’s Office of Foreign Assets Control. You represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services.
20. Governing Language
These Terms and all related documents shall be interpreted and enforced in the English language. In the event of a discrepancy between translated versions of these Terms and the English version, the English version shall prevail.
21. Data Retention and Compliance
Wakaga Group does not maintain user accounts, process payments, or collect sensitive personal data through this website. Any submitted information through forms or email will be used solely for responding to inquiries and will be retained only as long as necessary for those purposes, in accordance with applicable tribal and federal records policies.
22. Use of Third-Party Services
Wakaga Group may utilize third-party services or tools, including but not limited to analytics, embedded media, mapping services, or other external features. Your use of these features is subject to the third-party provider's terms of service and privacy policies.
23. Informational Use Only
All information provided on this site is for general informational purposes only and should not be construed as legal, financial, or professional advice. Users should consult qualified professionals before making decisions based on content from this website. For privacy-related considerations, see Section 14.
24. Assignment
Wakaga Group may assign or transfer its rights and obligations under these Terms without restriction.
25. Platform Applicability
These Terms apply to all access points to Wakaga Group services, including any mobile platforms, apps, or third-party environments where Wakaga Group content or services may be distributed.
Contact Information
If you have legal questions or issues related to these Terms, please contact us at [email protected].
For privacy-related inquiries, please email [email protected].
For general questions or communication, reach out to [email protected].