Friday, May 25, 2012

Terms of Use for the Outdoor Ed Site

The Outdoor Ed Website (the "Site") is operated by Outdoor Ed LLC.

Please read these terms and conditions ("Terms") carefully before using this Site. By accessing this Site, you agree to comply with and be bound by the Terms which may change from time to time in accordance with the provisions herein.

The information contained on this Site is for information purposes only. Outdoor Ed LLC does not hold itself out as providing medical, legal, financial or other advice via this Site.

• "Outdoor Ed Community Site" refers to all sections of the site which include but are not limited to Discussion Forums, Blogs, Email Lists, Chat Rooms, Wikis and other forms of group communication.
• "Content" means all pages, screens, information and materials included in or accessible through this Site (including any content available on any e-mail or Forums).
• "you", "your" and "yours" mean the person(s) accessing this Site.
• "Outdoor Ed LLC", "we", "us" and "our" are references to Outdoor Ed LLC.
• "Outdoor Ed Professional Members" are references to individuals and organizations that have Blogs, Discussion Forums, File Downloads or other content sections on the Outdoor Ed Community site.

Local Sites

You may link to other Outdoor Ed LLC websites or pages issued by other entities within the Outdoor Ed LLC ("Local Sites") through this Site. Your use of any Local Site shall be governed by both these Terms and the terms and conditions of the Local Site. However in relation to your use of the Local Site, where these Terms conflict with those of the Local Site, the terms and conditions of the Local Site shall prevail.

Please read carefully any Local Site terms and conditions before using the Local Site.

Changes

The information, material and content provided in the pages of this Site may be changed at any time without notice. Changes may be made to these Terms by us at any time without notice to you by updating the posting of the Terms. You agree to review any applicable terms and conditions regularly and that your use of any part of this Site will be subject to any such changes once they are made. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Security

• You may register with this Site. When you register, you must provide accurate and complete information and up-date such information when necessary so it remains accurate and complete. When you register and are accepted as a registered user of this Site, you will choose a unique user name and password and/or other identification data. Please use maximum caution to keep your user name, password and other identification data confidential, and log-off from the Site when your session is complete to prevent unauthorized access to your information. If your user name, password or other identification data is subject to unauthorized access, you should immediately inform us.
• You agree that it is your sole responsibility to adequately protect and back-up your data and equipment; undertake reasonable and appropriate precautions against any computer virus or other destructive materials or elements; and ensure that your computers and your access to this Site are adequately secured against any unauthorised users

No Offer

Information and/or opinions provided on this Site including any information relating to medical, legal, risk management, or equipment should not be used as professional advice. Should you seek to rely in any way whatsoever upon any content contained in this Site, you do so at your own risk. When making a decision about your program operation, you should seek the advice of an appropriate professional.

Availability of this Site and Content

The content, including layout, of this Site or products or services (if any) available via this Site may be wholly or partially suspended, withdrawn or changed at any time. We also reserve the right at any time to immediately suspend the provisions of all or any part of this Site to you and/or block your access to this Site.

No Warranties

THE CONTENTS OF THIS SITE ARE PROVIDED TO YOU WITHOUT ANY WARRANTY OF ANY KIND.

INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND TO THE FULLEST EXTENT PERMITTED BY LAW WE DO NOT GIVE OR MAKE ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED IN RESPECT OF SUCH INFORMATION. YOUR USE OF THIS SITE OR ANY LOCAL SITE IS AT YOUR SOLE RISK.

WE DO NOT WARRANT THE ACCURACY, ADEQUACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION, MATERIAL, PRODUCTS AND SERVICES REFERRED TO OR DETAILED ON THIS SITE.WE DO NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE AVAILABLE AT ALL TIMES OR THAT IT WILL MEET YOUR REQUIREMENTS, THAT ACCESS WILL BE UNINTERRUPTED, THAT THERE WILL BE NO DELAYS, FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, THAT NO VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE TRANSMITTED OR THAT NO DAMAGE WILL OCCUR TO YOUR COMPUTER SYSTEM. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACK UP OF DATA AND/OR EQUIPMENT AND FOR UNDERTAKING REASONABLE AND APPROPRIATE PRECAUTIONS TO SCAN FOR COMPUTER VIRUSES OR OTHER DESTRUCTIVE PROPERTIES.

WE DO NOT PROVIDE ANY GUARANTEE ABOUT THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF ANY THIRD PARTY SOFTWARE, CONTENT OR EQUIPMENT USED IN CONNECTION WITH THIS SITE.

Limitation of Liability

NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (II) FRAUD; OR (III) ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAW. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL WE BE LIABLE FOR ANY LOSS, DAMAGE OR LIABILITY OF ANY SORT ARISING FROM YOUR USE OF THIS SITE AND/OR CONTENT ON THE SITE INCLUDING ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION OF ANY TYPE, AND WHETHER IN BREACH OF CONTRACT, TORT OR OTHERWISE IN CONNECTION WITH THIS SITE IN ANY WAY.

ALL OF THE ABOVE EXCLUSIONS APPLY EVEN IF YOU HAVE ADVISED US OR ANY MEMBER OF OUTDOOR ED LLC OF THE POSSIBILITY OF THE ABOVE TYPES OF DAMAGE, LOSS OR LIABILITY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Third Party Sites

Links to Third Party Sites - where we provide hypertext links to other locations on the Internet, we do so for information purposes only. We are not responsible for the content of any websites or pages of third parties linked to or from this Site. Following links to any websites or pages of third parties shall be at your own risk. We shall not be responsible or liable for any damages or in any other way in connection with such linking of those websites or pages. It is recommended that you view the linked website's terms and conditions and privacy policy pages to understand how use of that website may affect you.

Downloads from Third Party Sites – links to third party downloadable software sites are for convenience only and we are not responsible nor are we liable for any difficulties or consequences associated with downloading that software. You are responsible for obtaining all necessary authorisations to use such software and we give no implied licence or warranty in relation to the obtaining of or use of such software whatsoever.

No Endorsement of Third Parties – no endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any information on this Site or by any hyperlinks to or from any third party websites or pages.

Links to Our Site

Neither you nor any other party may use any part of this Site on any other website, or link any other website to this Site, without our prior written permission. We are not responsible for the set up of any link from a third party website to this Site. Neither you nor any other party may deep link to, frame, spider, harvest or scrape the Content or otherwise access the Content for any purposes, or use any machine, electronic, web based or similar device to read or extract the Content by machine based or automated means, without our prior written permission.

Intellectual Property Rights

Our Rights – all intellectual property rights (including, without limitation, copyright, database rights, design rights, patents and trademarks) in the Content are owned by or licensed to us unless otherwise stated. Outdoor Ed LLC respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please  Contact Us

Copying by you and your access to the Site – you may print, copy, download or temporarily store extracts from this Site for your personal use only. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Outdoor Ed LLC and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Outdoor Ed LLC's name or trademarks without the express written consent of Outdoor Ed LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlinks to the pages at Outdoor Ed LLC and affiliate sites so long as the link does not portray Outdoor Ed LLC, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Outdoor Ed LLC logo or other proprietary graphic or trademark as part of the link without express written permission. Without limitation, neither you nor any other party may do any of the following without prior written consent from us:

• reproduce any of the content on an external Web site, or through any other electronic or other means; or
• create any data base in electronic or structured manual form by systematically downloading and storing all or any of the Content; or
• redistribute any of the Content (including by using it as part of any syndication, content aggregation, archive or similar service); or
• remove the copyright or trademark notice from any copies of Content made in accordance with these Terms.

Internet and e-Mail Communications

Messages sent over the Internet (including e-mail) cannot be guaranteed to be completely secure as they are subject to possible interception, monitoring, delay, loss or alteration.

Neither we nor any other member of Outdoor Ed LLC are responsible for any such messages nor liable to you or anyone else for any damages or otherwise in connection with any messages sent by you to us or any other party or any messages sent or appearing to be sent by us or any third party to you over the Internet (including e-mail). You should not include any sensitive or confidential information in such messages.

Our Monitoring of Communications

To help us improve our service and in the interest of security, we may monitor and/or record communications (whether over the Internet, telephone or otherwise) between you and us.

Data Protection and Privacy Policies

We are committed to protecting your privacy. All information gathered from you in connection with your use of this Site or any Local site will be maintained (unless provided otherwise in these Terms) in accordance with the applicable privacy policies disclosed for this Site or any of the Local Sites.

We may, as a result of your interaction with this Site, hold and process the personal information you provide. This will be entered onto our group database and will be used to provide the services requested, to evaluate the effectiveness of the Site and for statistical analysis. The information may also be used for fraud prevention, audit and debt collection purposes. If you give us false or inaccurate information and we suspect fraud, we will record this. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Use of Discussion Forums, Blogs, Email Lists, Bulletin Boards, Chat Rooms etc.

• Forums and Communications. This Site may include discussions forums, blogs, chat rooms, review services or other forums ("Forums") that permit interaction between users and third parties. Such parties may be able to use any such Forum to post reviews or comments on existing Forum contributions or other content, messages, materials or other items. In these Terms ‘Communications’ means materials posted to Forums by users, special guests or any other parties.
• Your use of the Forums. You are solely responsible for use of Forums and use them at your own risk. You must comply with any rules posted by us on a Forum, and by using any Forum you expressly agree not to:
  • Post, link to or otherwise publish any Communications that are unlawful, threatening, abusive, defamatory, indecent, pornographic, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, inflammatory, fraudulent or otherwise objectionable, or that infringe copyright or other rights of third parties or that contain any form of illegal content, or is otherwise injurious to third parties or objectionable. Chain letters, mass mailings, or any form of "spam" are strictly prohibited. Outdoor Ed LLC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
  • Disguise the origin of any Communications including use of a false e-mail address or impersonating any person or entity.
  • Post or otherwise publish any Communications unrelated to the topic of the Forum concerned.
  • Restrict or inhibit any other user from using the Forums.
  • Collect or store other users' data.
  • Post or transmit any Communications that contain software viruses, files or code designed to interrupt, destroy or limit functionably of this Site or any computer software or equipment.
  • Post or transmit any Communications that contain promotions, political campaigning, advertising or solicitations, or would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law, or impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity. Specifically any such Communications which are also provided on a fee for service basis by Outdoor Ed LLC may not be submitted in non-paying sections of the Site without the express written permission of Outdoor Ed LLC. This would include Communications such as Job Postings.
  • Post or transmit any Communications containing private information of any third party or containing content that in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying any Forum or this Site or which may in our sole judgment expose us or any other member of Outdoor Ed LLC or the users of any Forum or any other part of this Site to any harm or liability.
• Your Responsibility For your Communications. You are solely responsible for the content of your Communications. By submitting messages to any Forum you agree to indemnify us and the other members of Outdoor Ed LLC, from all claims, costs and expenses (including legal expenses) arising out of any Communications posted or published by you that are in breach of these Terms. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
• Downloads. Information uploaded by to the Site purely at the discretion of members is for information purposes only. We take no responsibility for any files uploaded as to their validity or safety. Files could contain viruses or other damaging material. The ownership or copyright of such information is not ascertained by Outdoor Ed LLC and we are in no way liable for information uploaded to the Site.
• Our Liability For Forums and their Content. We take no responsibility for any Communications posted, stored or uploaded by you or any other third party, or for any loss or damage thereat. We do not guarantee the accuracy, integrity or quality of any Communications. Some users may post communications that are defamatory, misleading, untrue or offensive. You must bear all risk associated with your use of the Forums and you should not rely on Communications in making (or refraining from making) any specific pension related or other decisions.
• Contributions to Forums by Outdoor Ed LLC Professional Members. Professional Members of the Outdoor Ed LLC will also contribute material to the Forums, Blogs, and other sources on the site in order to stimulate discussion and ensure smooth running of the Outdoor Ed Community which may also contain messages from special guests selected by us. The opinions of these members and special guests are their own and are not necessarily endorsed by us. Such parties should not be considered by you as professional advisers.
• Our rights in respect of Forums. Although we have no obligation to screen, edit or monitor any of the Communications or other content posted to or distributed to any Forum or other part of the Site, we reserve the right, which we may exercise at our sole discretion without notice, to delay posting, reject, remove, move, screen, or edit without notice to any party any Communications (or any part(s) thereof) posted or stored on the Site at any time, and for any reason and to terminate or suspend your access and use of all or any part(s) of the Forums and/or any other part(s) of this Site. You are solely responsible for creating back-up copies of and replacing any Communications you post or store on this Site at your sole cost and expense.
• Disclosure of Communications. In order to co-operate with legitimate governmental requests, subpoenas or court orders or to protect our and users’ systems, we may access and disclose any information we consider necessary or appropriate, including without limitation, user profile information, IP addressing and traffic information, usage history and posted Communications. Our right to disclose any such information shall prevail over any terms of our Privacy Statement.
• Rights of Users In Communications. By posting or distributing Communications to or through the Site you grant us and all other members of the Outdoor Ed LLC and its affiliates a non-exclusive, worldwide, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Communications throughout the world in any media now known or hereafter devised; and the right to use (or not to use) the name that you submit in connection with such Communications, as we see fit. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Outdoor Ed LLC or its affiliates for all claims resulting from content you supply. Outdoor Ed LLC has the right but not the obligation to monitor and edit or remove any activity or content. Outdoor Ed LLC takes no responsibility and assumes no liability for any content supplied by you or any third party. In addition:
  • You waive all moral rights (if any) that you may have as an author or otherwise in regard to any Communications;
  • Communications submitted by you and other users, Outdoor Ed Professional Members and other parties will be considered non-confidential and we are under no obligation to treat such Communications as proprietary information and without limiting the foregoing we reserve the right for us or any other members of Outdoor Ed LLC to use any Communication as we or they deem fit, including, without limitation, deleting, editing, modifying, rejecting, delaying posting or refusing to post it.
  • We may record and archive all Communications subject to observance of any applicable data protection and other relevant laws
• NOTIFICATION BY YOU OF MISUSE OF FORUMS. If you believe that any Communication infringes any legal rights that you may have or you know of or suspect any unauthorised posting of or attempt to post any Communications, you should notify us immediately with specific details by e-mailing us at the following address:  Contact Us. You agree to comply with all reasonable requests from us, the police or any statutory or regulatory authorities in identifying any unauthorised users of any Forum.

Specific Prohibited Uses

• This site or its services may not be used for any illegal or unlawful purposes. Outdoor Ed LLC reserves the right to terminate usage by any party that the company deems questionable.
• No party may enter data that is knowingly inaccurate, incomplete or false.
• No party may maintain an excessive amount of data on our servers or upload anything that may cause excessive strain on our systems and networks.
• No party may use our services with the intent of hurting, damaging, destroying, or otherwise infringing on the stability and usefulness of our services.
• No party may distribute what the company defines as protected materials to any third party. This may include contact data, passwords, discounts, etc. This includes the sharing of protected data with other site users. No party may utilize data from the web site in an attempt to bypass the site's security and extract protected data from outside sources.
• No party may aggregate, package, spider, collect, display any of the content on this site without the express written consent of Outdoor Ed LLC.
• No party may copy, duplicate or use any of the coding, markup language, or software that comprises the site or any of its services. None of these items may be reverse-engineered or duplicated for any purpose.

Not Intended for Children

Due to the nature of medical and other discussions the Site may not be appropriate for use by minors.

Governing Law

Your use of this Site is governed by laws of New Jersey. The courts of New Jersey will have non-exclusive jurisdiction in respect of any dispute which may arise in connection with these Terms or your use of this Site.