Inspiration and Information About the Outdoors
Inspiration and Information About the Outdoors
This policy was last revised on June 26, 2013.
Please read these terms and conditions (“Terms of Use”) before using this website. These Terms of Use govern your use of Outdoorosity LLC’s website (the “Site”). By using this Site, you are accepting these Terms of Use and compliance with these rules is a condition to your use of the Site. If you do not agree to be bound by these Terms of Use, promptly exit this Site and do not use it. You are not authorized to access or use this Site unless you agree to these Terms of Use. Please also consult our Privacy Policy for a description of our privacy practices and policies. The Privacy Policy is a part of the Terms of Use and is incorporated herein. Outdoorosity reserves the right to modify or amend these Terms of Use from time to time without notice. If you continue to use our site after we post changes to these Terms of Use, it will mean that you accept those changes.
If you are under 18 years of age, do not use this Site unless you are an emancipated minor or have legal parental or guardian consent to accept these Terms of Use and are fully able to abide by them. Outdoorosity does not knowingly collect information from children under the age of 13. If you are under 13, please don’t submit any personally identifiable information on this site.
1. Ownership of the Site
All pages within this Site and any material made available for download are the property of Outdoorosity LLC (“Outdoorosity”). The Site is protected by United States and international copyright and trademark laws. The Contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes of use authorized or approved by Outdoorosity and except for public domain material. You may not frame or utilize any other techniques to enclose, or link to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of Outdoorosity without our express written consent. To request such permission, email [email protected]. You may not copy the design elements, “look and feel” or layout of this Site. You may not remove, alter or cover any copyright or other proprietary notices placed on this Site.
2. Acceptance of Risk; Accuracy and Integrity of Information
THE CONTENT OF THIS SITE MAY CONTAIN INFORMATION RELATING TO HAZARDOUS ACTIVITY. NEITHER OUTDOOROSITY NOR ANY PERSON OR ENTITY ASSOCIATED WITH OUTDOOROSITY IS RESPONSIBLE FOR HARM TO PERSONS OR PROPERTY THAT RESULTS FROM YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, USE OF ANY OF THE CONTENT ON THE SITE. OUTDOOROSITY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER AS TO THE CORRECTNESS OR ACCURACY OF THE SITE AND CONTENT THEREON. IT IS POSSIBLE THAT THE SITE COULD INCLUDE TYPOGRAPHICAL ERRORS, INACCURACIES OR OTHER ERRORS, AND THAT UNAUTHORIZED ADDITIONS, DELETIONS AND ALTERATIONS COULD BE MADE TO THE SITE BY THIRD PARTIES. IN THE EVENT THAT AN INACCURACY ARISES, PLEASE INFORM OUTDOOROSITY. INFORMATION CONTAINED ON THE SITE MAY BE CHANGED OR UPDATED WITHOUT NOTICE. ADDITIONALLY, OUTDOOROSITY SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR INFORMATION OR CONTENT POSTED TO THE SITE FROM ANY NON-OUTDOOROSITY AFFILIATED THIRD PARTY AND ANY INFORMATION POSTED BY OUTDOOROSITY IS SUBJECT TO THESE TERMS OF USE.
3. Access to Site; Indemnification
Your access to the Site may be revoked by Outdoorosity at any time with or without cause. You agree to defend, indemnify and hold Outdoorosity harmless from and against all claims, damages and expenses (including reasonable attorney’s fees) against or incurred by Outdoorosity arising out of your use or access of the Site as well as for any breach of these Terms of Use.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS OUTDOOROSITY, ITS MEMBERS, MANAGERS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING FROM: (1) YOUR USE OF AND ACCESS TO THIS SITE; (2) YOUR VIOLATION OF THESE TERMS OF USE; (3) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; AND (4) ANY CLAIM THAT ONE OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF USE AND YOUR USE OF THIS SITE.
4. Submissions / Uploads to the Site
If you submit or upload any information or files to our Site (“Submissions”), you agree not to (1) post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) submit or upload anything that violates the copyright or intellectual property rights of any person or entity, (3) post or transmit a virus or any other harmful component, or (4) contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You should be aware that any Submissions are public, not private, communications. Outdoorosity shall have the irrevocable license and right to use Submissions for its educational and business purposes. You are responsible for making sure all Submissions that you originate or require are properly backed up so you have ready access thereto in the event of loss, corruption or interruption. You agree to defend, indemnify and hold Outdoorosity harmless from and against all claims, damages and expenses (including reasonable attorney’s fees) against or incurred by Outdoorosity arising out of any Submissions you post or allow to be posted to the Site.
You should not submit any information you deem confidential or proprietary through the Site. Any Submission by you will forever be the property of Outdoorosity. Outdoorosity will not be required to treat any Submissions as confidential, and will not be liable for any ideas for its business (including without limitation, educational, service, product, marketing or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Outdoorosity operations. Without limitation, Outdoorosity will have exclusive ownership of all present and future existing rights to Submissions of every kind and nature everywhere. Outdoorosity will be entitled to use the Submission for any educational, commercial or other purpose whatsoever without compensation to you or any other person sending the Submissions.
5. Representations and Warranties
You represent and warrant to Outdoorosity that: (a) you are over the age of eighteen and have the power and authority to enter into and perform your obligations under this Agreement and, if acting on behalf of another, to act on their behalf; (b) all information provided by you to Outdoorosity is truthful, accurate and complete; and (c) you shall comply with all terms and conditions of this Agreement, including, without limitation, the provisions set forth at Section 4.
6. Disclaimer of Warranties
OUTDOOROSITY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. ACCORDINGLY, THIS SITE AND ANY INFORMATION AND PRODUCTS PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. OUTDOOROSITY SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE. OUTDOOROSITY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. THE ONLY PRODUCT WARRANTIES ARE THE WARRANTIES, IF ANY, PROVIDED BY THE MANUFACTURER OF ANY PRODUCTS.
7. Disclaimer of Liability Regarding Use of Site, Personal Responsibility
OUTDOOROSITY, ITS AGENTS AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM PERSONAL INJURY, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
WITHOUT LIMITING THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY ABOVE, BEFORE UNDERTAKING ANY OUTDOOR ACTIVITY DESCRIBED OR REFERENCED ON THIS SITE, IT IS YOUR PERSONAL AND EXCLUSIVE RESPONSIBILITY TO ENSURE THAT THE ACTIVITY IS APPROPRIATE FOR YOU, THAT YOU HAVE RESEARCHED THE ACTIVITY, AND THAT YOU HAVE PROPER TRAINING, EQUIPMENT, AND PHYSICAL CONDITIONING TO SAFELY PARTICIPATE IN THE PLANNED ACTIVITY. OUTDOOROSITY AND CONTRIBUTORS TO THIS SITE ARE NOT RESPONSIBLE FOR ANY HARM TO PERSONS OR PROPERTY THAT RESULTS FROM YOUR USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, USE OF ANY CONTENT ON THIS SITE. ACTIVITIES DESCRIBED AND REFERENCED ON THIS SITE CARRY AN INHERENT RISK AND YOU AGREE TO ACCEPT ALL SUCH RISKS.
8. Links to Other Sites
Outdoorosity has not reviewed all of the sites linked to this Site and is not responsible for the privacy practices or the content of any sites linked to this Site. Such linked sites are for convenience only and you access them at your own risk. Outdoorosity makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Outdoorosity site, please understand that it is independent from Outdoorosity, and that Outdoorosity has no control over the content on that website. In addition, a hyperlink to a non-Outdoorosity website does not mean that Outdoorosity endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
9. Revisions
Outdoorosity reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In its sole discretion, Outdoorosity may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.
10. General
Waiver. No waiver of any term, provision or condition of these Terms of Use, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver by Outdoorosity shall be binding unless executed in writing by an authorized officer of Outdoorosity.
Severability. If any provision of these Terms of Use is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
Law. This Agreement is made in and shall be governed by and construed in all respects in accordance with the Laws of South Carolina, USA and you agree to submit any dispute or claim related to the Site and/or these Terms of Use to the exclusive jurisdiction of any federal, national or state Court located in such jurisdiction.
j. Entire Agreement. Excepted as may be otherwise provided by the first paragraph of these Terms of use, these Terms of Use constitute the complete and exclusive statement of the agreement between the parties with respect to the Site and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Site.
This policy was last revised on June 26, 2013.
This is the official Privacy Policy for Outdoorosity LLC (“Outdoorosity”). By using the Outdoorosity website (“Website”) or providing personal information to us, you are consenting to the collection, use and disclosure of your personal information as described in this Privacy Policy. If you do not consent to the collection, use and disclosure of your personal information as described in this Privacy Policy, do not use this Website and, instead, contact us at [email protected] for information on obtaining information separate from our Website.
1. Types of Information Collected.
a. Traffic Data Collected. Outdoorosity automatically tracks and collects information when you visit our Website, which may include your: (i) IP address; (ii) domain server; (iii) type of computer; (iv) type of web browser; (v) pages visited and duration; and (vi) search terms used to access the Website (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you but is helpful in Outdoorosity’s efforts to improve your experience on the Website. Outdoorosity and its third party analytics service providers use “cookies,” which are small data files that may be stored on your computer by the Website.
b. Personal Information Collected. In order for you to access certain services that Outdoorosity may offer via the Website, Outdoorosity may require you to provide information that personally identifies you (“Personal Information”). Personal Information may include name, mailing and/or e-mail addresses, phone numbers and other data about you. If you communicate with Outdoorosity by e-mail, or complete online registration forms, surveys or other forms, any information provided in such communication may be collected as Personal Information.
2. Uses of Information Collected. By providing Personal Information on the Website, you are authorizing Outdoorosity to use that Personal Information to contact you regarding the subject matter of your submission. Outdoorosity uses Personal Information to respond to requests and inquiries and may use Personal Information to send you information about Outdoorosity, including its affiliates, or educational information, products or services, or to otherwise contact you. Outdoorosity may provide your Personal Information to third parties providing Outdoorosity services related to the Website or the services provided through them, such as web hosting companies, solely for the purposes of the services provided by such third party. Except as may be required by court order, other governmental agency order or other official proceeding, Outdoorosity does not sell, trade, or otherwise transfer to outside parties Personal Information unless you provide consent in advance, where such consent must be in writing, which includes by email.
3. User Choice Regarding Collection, Use and Distribution of Traffic Data and Personal Information. You may choose not to allow the use of cookies. Your system settings control the use of cookies (not Outdoorosity). You should check whether your browser settings allow you to refuse cookies. If you do not accept cookies, you will still have access to some of the facilities of the Website but the facilities may be slowed down. You may choose not to provide Outdoorosity with any Personal Information. In such an event, you can still access some of the Website; however, you will not be able to access and use those portions of the Website that require your Personal Information and Outdoorosity may not be able to respond to inquiries you make.
4. Removing or Changing Personal Information. You may have any Personal Information submitted to Outdoorosity through the Website removed or modified by sending Outdoorosity notice of such request at [email protected]. Your request must provide your name and the information to be deleted or the modifications to be made. You must include either a telephone number of an email address for Outdoorosity’s use in the event of any questions on the instructions provided by you.
6. Links and User Privacy. The Website may contain links to other websites. Outdoorosity is not responsible for the privacy practices or the content of websites served by the links and in providing the link Outdoorosity does not imply any endorsement, recommendation or approval of such sites.
7. Policies for Children 13 Years Old and Under. Outdoorosity does not knowingly collect personally identifying information through the Website from children 13 and under. Parents, if your child has submitted personal information and you would like to request that such information be deleted from our records, you may do so by sending your request to[email protected].
8. General Internet Security Issues. The Internet is not a secure environment for the transmission of data. You are aware of the general security and on-line privacy risks pertaining to the Internet and that Outdoorosity is not in any way responsible for and has no control over the Internet generally.
9. Updates and Changes to the Privacy Policy. Outdoorosity reserves the right, at any time, to change this Privacy Policy, simply by posting a changed Privacy Policy on this Website. You are responsible for checking this Privacy Policy for any such changes when you use the Website.
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