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TERMS OF USE
These Terms of Use
were last updated on August 5, 2004.
PLEASE READ
CAREFULLY!
BY USING THIS WEB
SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
Welcome to Outdoor
Adventure Social Club’s (“OASC”, “we,” or “us”) Terms of Use for the
publicly accessible portions of our web site located at
www.outdoorsocial.com and the Content contained therein (collectively, the
“Web Site” or “Web Sites”). “Content” includes all works of authorship in
any form, including, but not limited to, text, data, graphics,
photographs, product and service descriptions, software, video, audio,
slides, images, advertising and other audio, visual, audiovisual and
streaming media works. These Terms of Use describe the terms and
conditions that apply to your use of our Web Site. By using this Web
Site, you agree to be bound by the terms and conditions set forth in these
Terms of Use. If you do not agree to these Terms of Use, you may not use
this Web Site.
Modifications
We may modify these
Terms of Use at any time by posting the modified version on our Web Site
and revising the “last updated” notice at the top of this web page.
Modifications to these Terms of Use will automatically be effective two
(2) days after they are initially posted on our Web Site. Please check
these Terms of Use periodically for changes. Your continued use of this
Web Site following the posting of any changes constitutes acceptance of
those changes.
We may modify this Web
Site at any time. While we endeavor to keep the Web Site’s description of
our services and products up to date, you should verify this information
with OASC directly filling out the “contact us” form available at
https://www.outdoorsocial.com/contactus2.htm.
Scope of Use
OASC invites you to
view, use, print and download small portions of the Content on this Web
Site for your informational, non-commercial use only, provided you also
retain and do not delete any copyright, trademark and other proprietary
notices contained on such Content. Please note that exercising the
foregoing rights in order to determine whether to sign up for an
adventure, social activity or otherwise enter into a business relationship
with OASC shall not constitute commercial use. You shall not modify,
publicly display, distribute or publicly perform the Web Site or any
portion thereof without OASC’s prior written permission. You agree that
you will not use or induce the use of any robot, spider, other automatic
device, or manual process to monitor or copy our Web Site without our
prior express written permission. You agree that you will not use or
induce the use of any device, software or routine to bypass any robot
exclusion headers on our Web site, or to interfere or attempt to interfere
with the proper working of our Web Site. You agree that you will not take
any action that imposes or may lead to an unreasonable or
disproportionately large load on our infrastructure.
No Warranties
THIS WEB SITE AND ALL
CONTENT, SERVICES, ADVENTURES AND ACTIVITIES AVAILABLE ON OR THROUGH THE
WEB SITE ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT
WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. WHILE OASC USES REASONABLE EFFORTS TO
INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE WEB SITE, OASC MAKES NO
WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, CURRENCY, OR
RELIABILITY OF ANY CONTENT AVAILABLE ON OR THROUGH THIS WEB SITE. You
realize that there may be medical risks associated with physical exercise
and use of outdoor activity equipment. You also recognize that OASC
cannot evaluate your physical abilities and medical limitations as they
pertain to participation in OASC adventures, OASC social activities or use
of OASC equipment on OASC adventures. YOU ASSUME ALL RESPONSIBILITY FOR
HAVING A THOROUGH MEDICAL EXAM PERFORMED BY A MEDICAL PRACTITIONER OF YOUR
CHOICE BEFORE PARTICIPATING IN ANY OASC ADVENTURES SPONSORED BY OASC AND
PRIOR TO USING ANY OASC-PROVIDED EQUIPMENT. YOU ALSO ASSUME ALL
RESPONSIBILITY FOR ABIDING BY THE RECOMMENDATIONS OF SAID MEDICAL
PRACTITIONER, INCLUDING BUT NOT LIMITED TO, AS THEY PERTAIN TO LIMITATIONS
ON EXERCISE, PARTICIPATIONS IN OASC ADVENTURES, AND USE OF OASC
EQUIPMENT. Some states do not allow the disclaimer of implied warranties,
so the foregoing disclaimer may not apply to you.
OASC IS NOT
RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN OR FOR THE RESULTS OBTAINED
FROM THE USE OF THIS INFORMATION. USE OF THE WEB SITE, THE CONTENT,
SERVICES, ADVENTURES OR SOCIAL ACTIVITIES AVAILABLE ON OR THROUGH THE WEB
SITE IS AT YOUR SOLE RISK. OASC MAKES NO REPRESENTATIONS OR WARRANTIES
THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY
SECURE. ACCESS TO THE WEB SITE MAY BE SUSPENDED DURING UPGRADES,
MAINTENANCE, SYSTEM FAILURES OR FOR REASONS BEYOND OASC’S CONTROL. YOU
ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY
MATERIAL YOU MAY OBTAIN FROM THE WEB SITE IS FREE OF VIRUSES AND OTHER
POTENTIALLY HARMFUL DEVICES.
Limitation of Liability
OASC AND ITS
AFFILIATES SPECIFICALLY DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY, BY STATUTE OR OTHERWISE, FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR
RELATING TO ACCESS TO OR USE OF THE WEB SITE, CONTENT, SERVICES,
ADVENTURES OR SOCIAL ACTIVITIES AVAILABLE THEREIN, EVEN IF OASC HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO
LOST DATA, RELIANCE BY ANY PARTY ON ANY CONTENT OR SERVICES OBTAINED
THROUGH THE USE OF THE WEB SITE, OR DAMAGES THAT ARISE IN CONNECTION WITH
MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR
FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEB
SITE OR VIRUSES (WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF
GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED
ACCESS TO THE WEB SITE, OR RELATED INFORMATION OR PROGRAMS). OASC’S
MAXIMUM LIABILITY TO YOU (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, BY STATUTE OR OTHERWISE) WILL NOT EXCEED ONE HUNDRED DOLLARS.
Some states do not allow the limitation of liability, so the foregoing may
not apply to you.
Indemnification
You shall indemnify
OASC, its respective officers, employees, independent contractors, trip
leaders and members, against any third party claims arising out of your
breach of these Terms of Use. You hereby agree to hold OASC and its
respective officers, employees, independent contractors, trip leaders and
members, free from all liability, including but not limited to its or
their own negligence, and do hereby forever for yourself, your heirs,
executors and administrators, waive, release and forever discharge any and
all rights and claims for damages which you may have or which may
hereafter accrue to you arising out of or in connection with your
participation in any OASC adventures or other activities, OR use of OASC
equipment or facilities.
Proprietary Rights
OUTDOOR ADVENTURE
SOCIAL CLUB is a service mark of OASC.
Unauthorized use of any OASC trademark, service mark or
logo may be a violation of domestic and foreign trademark laws.
OASC and/or its
licensors own all intellectual property rights in the Web Site. This Web
Site is protected by U.S. and international copyright laws. Except as
expressly described in the “Scope of Use” section above, you shall not
modify, reproduce, perform or display (a) the Content; (b) the design or
layout of the Web Site, or individual sections of the design or layout of
the Web Site; or (c) the OASC trademarks, service marks or logos without
our written permission. You shall not decompile, disassemble or reverse
engineer the Web Site, or otherwise attempt to determine the Web Site’s
source code or trade secrets.
Membership and Adventure Sign-Up; Links
This Web Site may
contain links to web sites operated by other parties. For example, the
Web Site offers the ability to sign up and pay for OASC membership and for
adventures directly online through PayPal, a third party payment
provider. If you wish to pay using PayPal, then please click
here to access the PayPal web site and link onto the User
Agreement to review PayPal’s terms and conditions. The linked sites
(including PayPal’s) are not under the control of OASC, and OASC is not
responsible for the privacy practices or the content of other Internet
sites linked to this Web Site. Such links do not imply OASC’S endorsement
of material on any other web site, and OASC disclaims all liability
relating to your access to and use of such linked sites. OASC provides
links to other Internet sites only as a convenience to users, and access
to any other Internet sites linked to this Web Site is at your own risk.
Unless otherwise set
forth in a written agreement between you and OASC, you may link your web
site to the home page of our Web Site, provided that you adhere to the
following OASC linking policy: (i) any link to the Web Site must be a
text only link clearly marked “Outdoor Adventure Social Club Web Site,”
(ii) the appearance, position and other aspects of the link may not be
such as to damage or dilute the goodwill associated with OASC’S name and
trademarks, (iii) the link must “point” to the URL
http://www.outdoorsocial.com and not to other pages within the Web
Site, (iv) the appearance, position and other attributes of the link may
not create the false appearance that your organization or entity is
sponsored by, affiliated with, or associated with OASC, (v) when selected
by a user, the link must display the Web Site on full-screen and not
within a “frame” on the linking Web Site, and (vi) OASC reserves the right
to revoke its consent to the link at any time and in its sole discretion.
E-mail
E-mail submissions
over the Internet may not be secure. Please consider this fact before
e-mailing any personal or confidential information.
Independent Contracting and Employment
Opportunities
It is the policy of
OASC to provide equal independent contracting, employment and advancement
opportunities to all qualified independent contractors, employees and
applicants for independent contracting and/or employment regardless of
their race, color, religion, sex, sexual orientation, age, national
origin, physical or mental disability, veteran status, pregnancy, military
or military reserve obligations, or any other class or status protected by
law. This policy applies to all policies and procedures related to
recruitment, hiring, training, promotion, compensation, benefits,
transfer, discharge and other terms and conditions of independent
contracting and employment. If you have questions concerning this policy,
please fill out the “contact us” form available at
https://www.outdoorsocial.com/contactus2.htm.
Violations
OASC reserves the
right to seek all remedies available at law and in equity for violations
of these Terms of Use, including the right to block access from a
particular Internet address to this Web Site.
Governing Law and Miscellaneous
This Agreement shall
be governed by and shall be construed in accordance with the laws of the
Commonwealth of Virginia (exclusive of the choice of law rules thereof).
The provisions of these Terms of Use shall be severable, and if any
provision of these Terms of Use is held to be invalid or unenforceable, it
shall be construed to have the broadest interpretation which would make it
valid and enforceable. Invalidity or unenforceability of one provision
shall not affect any other provision of these Terms of Use. These Terms
of Use constitute the entire agreement between OASC and you with respect
to this Web Site.
Arbitration
Any controversy or
claim -- other than an injury, accident, or illness resulting from an OASC
adventure -- arising out of or relating to these Terms or Use or this Web
Site shall be settled by binding arbitration in accordance with the
commercial arbitration rules of the American Arbitration Association.
Any such controversy or claim shall be arbitrated on an individual basis,
and shall not be consolidated in any arbitration with any claim or
controversy of any other party. The arbitration shall be conducted
in the City of Charlottesville, Virginia, and judgment on the arbitration
award may be entered into any court having jurisdiction thereof.
Notwithstanding anything to the contrary in the foregoing, OASC may obtain
from a court any interim or provisional relief that may be necessary to
protect OASC’s rights or property.
If you have any
questions about our Terms of Use, please fill out the “contact us” form
available at
https://www.outdoorsocial.com/contactus2.htm.
Ó
2004 -
Outdoor Adventure Social Club. All Rights Reserved.
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