I. YOUR ACCEPTANCE
A. By using and/or visiting this website (collectively, including all Content, information and materials available through the americaoutdoors.org and adventurevacation.com, the "Websites"), you agree to the following Terms of Use & Privacy Policy.
B. Although we may attempt to notify you when major changes are made to these Terms of Use & Privacy Policy, you should periodically review the most up-to-date version published on the Websites. America Outdoors Association (referred to herein as “Company”) may, in its sole discretion, modify or revise these Terms of Use & Privacy Policy and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any rights or benefits to any third-party.
II. WEBSITE USERS
These Terms of Use & Privacy Policy apply to all users of the Websites, including users who are also contributors of information and other materials or services on the Websites. These Terms of Use & Privacy Policy apply to all aspects and features of the Websites.
III. OTHER WEBSITES
The Websites may contain links to third party websites that are not owned or controlled by Company. Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Company will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Company from any and all liability arising from your use of any third-party website.
Please be aware when you leave the Websites, and be sure to read the terms and conditions and privacy policy of each other website that you visit.
IV. PROHIBITED AND PERMITTED USES OF THE WEBSITES GENERALLY
In order for you to access and use the Websites as set forth in these Terms of Use & Privacy Policy, you agree that:
A. You agree not to distribute in any medium any part of the Websites, including but not limited to User Content (defined below), without Company’s prior written authorization.
B. You agree not to alter or modify any part of the Websites, including but not limited to any coding or other technologies, whether or not embedded.
C. You agree not to access Content (defined below) or User Content (defined below) through any technology or means other than the authorized designated pages of the Website itself or other explicitly authorized means Company may designate. You agree not to access or use any password protected or secure areas of the Website which are reserved for Authorized Users only. “Authorized Users” include only persons who have been issued a password for access to a password protected area or who have received clearance from Company to access a secure area of the Website. Unauthorized individuals attempting to access these areas of the Website or individuals attempting to exceed the scope of their authorization or to circumvent any security measures or to engage in any other unauthorized act may be subject to prosecution or other liability, including, without limitation, under the Computer Fraud and Abuse Act (18 USC § 1030) and the Digital Millennium Copyright Act (Pub. L. No. 105-304, 112 Stat. 2860 (Oct. 28, 1998), 17 U.S.C. § 1201, et seq.).
D. Your use of the Websites is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. Any attempt by any person to change without permission or deliberately damage the Websites is a violation of criminal and civil laws. You may not engage in any activity on the Websites that restricts, inhibits or detracts any other user from using or enjoying the Websites by "hacking", "cracking", "spoofing", or defacing any portions of the Websites.
In addition, you agree not to post or transmit through the Websites any material that violates or infringes in any way the rights of others or is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, or which gives rise to civil or criminal liability or otherwise violates any local, state or federal law, including, without limitation, U.S. export control laws and the Children’s Online Privacy Protection Act. You agree not to engage in any unlawful communications or unlawful collection, disclosure, uploading or maintenance of information regarding individuals under the age of thirteen. Company reserves the right to seek legal action and damages against any person who violates the law, or any of the terms or policies set forth herein, to the fullest extent permitted by law.
E. You agree not to use the Websites, or any Content, User Content, information, material or technologies, for any commercial use, without the prior written authorization of Company.
F. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Websites in a manner that sends more request messages to the Websites servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Company reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the
Websites, nor to use the communication systems provided by the Websites (e.g. applications, comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Websites with respect to their User Content.
G. You will otherwise comply with these Terms of Use & Privacy Policy and all applicable local, national, and international laws and regulations.
H. Company reserves the right to discontinue any aspect of the Websites at any time.
V. YOUR USE OF CONTENT ON THE SITE
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Websites.
A. The content on the Websites, except all User Content (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos associated therewith or contained therein ("Marks"), are owned by or licensed to Company, subject to copyright, trademark and other intellectual property rights under the law. Content is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Company reserves all rights not expressly granted in accordance with these Terms of Use & Privacy Policy.
B. If allowed by Company, your access to User Content shall be (1) for your information, and (2) as intended through the normal functionality of the Websites.
C. Company may permit users of the Websites to post “User Comments.” In such case, User Comments will be available to you for your information and personal use solely as intended through the normal functionality of the Websites. User Comments are made available "AS IS", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as prohibited under this Agreement.
D. You agree not to circumvent, disable or otherwise interfere with security-related features of the Websites or features that prevent or restrict use or copying of any Content or User Content or enforce limitations on use of the Websites or the Content therein.
VI. CONTENT AND CONDUCT
A. Company may permit Websites account holders to submit textual Content ("User Content"). You understand that whether or not such User Content is published, Company does not guarantee any confidentiality with respect to any User Content.
B. You shall be solely responsible for your own User Content and the consequences of posting or publishing such information. In connection with User Content, you affirm, represent, and warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Company to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Websites and these Terms of Use & Privacy Policy, including, without limitation, for the User Content to be uploaded, downloaded, copied, streamed, reproduced, distributed, transmitted, broadcast, displayed, and otherwise used as contemplated by the Website.
C. For clarity, you retain any and all of your ownership rights in your User Content. However, by submitting User Content through the Websites, you hereby grant Company a worldwide, non-exclusive, royalty-free, irrevocable, sublicenseable and transferable license to use, reproduce, distribute, transmit, broadcast, stream, prepare derivative works of, display, and perform the User Content in connection with the Websites and Company’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Websites (and derivative works thereof) in any media formats and through any media channels. The above license granted by you is perpetual and irrevocable.
D. In connection with User Content, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including trademark rights, and privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Company all of the license rights granted herein.
E. Company does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Company expressly disclaims any and all liability in connection with User Content. Company does not permit infringing activities (including, without limitation, copyright or trademark infringement), and Company reserves the right to remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights or if Company suspects that Content or User Content is infringing. Company reserves the right to remove Content and User Content without prior notice. Notwithstanding the foregoing, Company reserves the right, but takes on no affirmative obligation, to monitor and remove the Content or User Content. You acknowledge and agree that neither Company nor any of its partners has any liability for any action or inaction with respect to any conduct, communication or posting on the Website.
F. You are solely responsible for ensuring that your access and use of the Websites complies with all applicable international, national, federal, state and local laws and regulations, including, without limitation, U.S. export control laws and restrictions and the laws of other countries, including, for example, the country where you reside, as well as any end-use, end-user, and destination restrictions regarding export or import restrictions of the jurisdiction in which the information is used or to or from which the information or material is exported.
VII. COMPANY’S DISCRETION
A. Company reserves the right to terminate a User's access to its Websites at any time, in the sole discretion of Company, without prior notice.
B. Company reserves the right to decide whether Content or User Content is appropriate and complies with these Terms of Use & Privacy Policy for violations (other than copyright infringement and violations of intellectual property law), such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Company may remove such User Content and/or terminate a User's access for uploading such material in violation of these Terms of Use & Privacy Policy at any time, without prior notice and at its sole discretion.
VIII. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY; INDEMNIFICATION
A. COMPANY PROVIDES THE WEBSITE, THESE AND OTHER MATERIALS, THE CONTENT, AND ALL OTHER SERVICES, PROGRAMS AND PRODUCTS "AS-IS" AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS OR AVAILABILITY. You also agree that Company does not represent, warrant or guaranty that the Websites, Content, User Content, or any such other products and services will be uninterrupted, without omissions or error free, or that defects will be corrected or changes implemented. IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM OR RELATING TO (I) YOUR USE OF THE WEBSITES, (II) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR USER CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, INDEMNITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore such exclusions may not apply to you. In the event Company is held liable for any damages related to such matters, your sole and exclusive remedy will be limited to the sums, if any, paid by you to Company within the preceding year. You
hereby waive any and all rights to bring any claim or action related to such matters in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based, otherwise such claim or action is permanently barred. If any provision(s) of these Terms of Use & Privacy Policy are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. The failure by Company to exercise rights granted to Company hereunder upon the occurrence of any of the contingencies set forth in this agreement will not constitute a waiver of such rights upon the recurrence of such contingency.
B. You agree to defend, indemnify and hold harmless Company 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: (i) your use of the Websites; (ii) your breach or violation of any term of these Terms of Use & Privacy Policy; or (iii) your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right. This hold harmless, defense and indemnification obligation will survive in perpetuity.
C. These Terms of Use & Privacy Policy shall constitute the entire agreement between you and Company concerning your use of the Website.
D. For purposes of these Terms of Use & Privacy Policy, all references to Company shall include its subsidiaries, affiliates, officers, directors, partners, contractors, employees and agents.
IX. PRIVACY
A. Account Information and Correspondence. To review or use some portions of the Websites, you may be required to register with a user account. During registration, you may be asked to provide verifiable identity information. This information may be used to establish the identity of account holders and may be retained and used by Company. Further, if you submit correspondence to us through the Website, Company may collect and retain the content of the correspondence that Company receives, the email address from which it was sent, and Company’s response, if any. Evidence of illegal activity may prompt Company to report such activity and information to legal authorities. The personal information we collect as part of any entry/registration process also provides us a means to inform you of information that relates directly to your specific interests and needs. During the entry/registration process, the Website may give you the opportunity to decline e-mail communications from other parties to whom we may provide such information.
B. IP Addresses and Web Server Log Files. The Websites may use IP addresses and web server log files to analyze trends, administer the Websites, track a user’s movement, and gather broad demographic information for aggregate use. Additionally, in areas of the Website requiring registration, we may use this information from time to time to police the Website for unregistered users (but we undertake no obligation to do so). Information of this type may be combined with cookies or other sources of information for these purposes. Specifically, through the use of web server log files, any or all of the following
information may be accessed, collected, analyzed, and stored during or after your visits to the Websites: the name of the domain name from which you access the Internet; the date and time you access the Website; the pages you visit on the Websites and the sequence in which you visit them; the amount of time you spent on a particular Websites page; the Internet address of a website that you visit immediately before or after visiting our Website; the Internet address from which you linked directly to our Websites, if any; the type of operating system on your computer; the type of browser that you are using to view the Websites. These and similar types of information may also be collected by “web-bugs” or single-pixel gifs and by other means.
C. Payment. The Websites uses a third-party payment processor (the “Payment Processor”) to process your payment for the purchase of licenses offered on the Websites. Company does not receive or have access to payment or credit information. The processing of payments or credits, as applicable, will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms of Use & Privacy Policy. Company is not responsible for any errors by the Payment Processor.
D. Use of Information. Company may use the information obtainable from the Website for editorial and feedback purposes and for other purposes. For example, Company may provide aggregate information to its in-house and independent representatives, use the information for marketing and promotional purposes, for a statistical analysis of user behavior, for product or service development, to ensure the technical functioning of our network, to inform advertisers as to how many visitors have seen or clicked on their advertisements, to target markets and to formulate our own proprietary and business strategies and plans. Any information that you actively provide to us, such as names, postal and email addresses, and phone numbers may be added to our databases and if you elect to allow such use, may be used by us to contact you regarding Websites updates, new products and services and for other purposes specifically allowed by you when you supply such information.
Company may retain the content of any customer service web form or email that Company receives, the email address from which it is sent, and our response, if any. Content and other information transmitted by user to Company may be used as testimonials or for any other marketing purpose, except that no marketing communications unrelated to the subject matter of the submission will be sent to the email address from which such email or form is sent unless the user specifically elects to receive additional marketing materials or we obtain the email address through another avenue that does not prohibit such use. In all cases, email addresses may be compared to customer lists of Company and its partners.
Company may share and disclose aggregated user statistics and demographic information in order to describe our products and services to prospective and existing partners, advertisers, or other third parties, and for other lawful purposes. This information is not linked to any personal information that can identify any individual person. Company may disclose your personal information to business partners unless you directly inform us in writing that you prefer we not do so.
Company may provide such information to our subsidiaries, affiliated companies, or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
Company may disclose information if we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable website terms of use, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Company, its Websites users or the public as required or permitted by law.
The foregoing includes examples of the types of uses that the Website may make of the information collected and is not an exclusive listing. Unless expressly prohibited herein, Company reserves its rights to use the information collected for all legal purposes.
X. ABILITY TO ACCEPT TERMS OF USE & PRIVACY POLICY
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use & Privacy Policy, and to abide by and comply with these Terms of Use & Privacy Policy.
XI. GENERAL
These Terms of Use & Privacy Policy shall be governed by the internal substantive laws of the State of Tennessee without consideration of its conflict of laws principles. Any claim or dispute between you and Company that arises in whole or in part from the Websites shall be decided exclusively by a court of competent jurisdiction in Nashville, Tennessee. These Terms of Use & Privacy Policy and any other legal notices published by Company on the Websites, shall constitute the entire agreement between you and Company concerning the Websites. If any provision of these Terms of Use & Privacy Policy is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use & Privacy Policy, which shall remain in full force and effect.