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Thank you
for visiting Time Outdoors ("www.time-outdoors.com") web site ("Site").
The Site provides a community portal for organizing outdoors
activities and a forum for the purpose of general communication
between it's members. Your activities and participation
at the Site are governed by: the Terms & Conditions set
forth below and the notices, and consents that are provided
in connection with the Site (collectively, "Agreement").
As used in the Agreement, "you" are an individual acting
on your own behalf, or "you" are an agent of a person
or entity that has authorized you to act on that person’s
or entity’s behalf.
NOTICE
The organized
events in which the Site members participate, including,
without limitation, hiking, back packing, cycling (road
and mountain), rollerblading, sport walking|jogging|running,
water sports (all), and snow sports (all) (collectively "Activity
or Activities") may be hazardous to your
physical well being whether performed correctly or incorrectly.
The information
available on this Site, including, without limitation,
reviews, opinions, directions, guides, graphics, photographs,
logos, audio or video clips, and data (collectively "Content")
may contain information relating to a hazardous Activity.
Time Outdoors does not certify or endorse the
Content on this Site, including without limitation any
opinion, recommendation, advice, or any other information
contained in the Content.
Time Outdoors IS NOT RESPONSIBLE FOR HARM TO
PERSONS OR PROPERTY THAT RESULTS FROM YOUR USE OF THE SITE
OR YOUR WILLING PARTICIPATION IN ACTIVITIES LISTED OR ADVERTISED,
INCLUDING WITHOUT LIMITATION, THE USE OF ANY CONTENT ON
THE SITE.
TABLE OF CONTENTS
- Agreement to Deal Electronically; Electronic Communications and Notices.
- Privacy.
- Unauthorized Use of Your Password.
- Changes to the Agreement.
- License to Use the Site.
- Submission of Comments; Ideas and Other Information.
- Copyright Infringement Notification & Other Reports.
- Your Representations and Warranties.
- Promotions.
- Indemnity.
- DISCLAIMERS OF WARRANTIES.
- Links to Third Party Sites.
- EXCLUSIVE REMEDY; DAMAGE EXCLUSIONS & LIMITATIONS.
- CALIFORNIA LAW AND CALIFORNIA( LOS ANGELES COUNTY ) FORUM; ONE- YEAR STATUTE OF LIMITATIONS.
- Miscellaneous; Entire Agreement.
By using the Site or by placing an order through it, you agree as follows:
1. Agreement to Deal Electronically; Electronic Communications and Notices.
Transactions at the Site are conducted electronically and
you agree that all transactions with or through the Site
may, at the Time Outdoors’s discretion, be conducted electronically. You also agree that:
- The Time Outdoors may provide all agreements, disclosures, and
notices electronically, including any that we are otherwise
required to provide in a "writing."
- All electronic records are deemed sent when they are
properly addressed to you and either (i) the record enters
an information processing system outside the control of
the sender or (ii) the record enters a region of an information
processing system under the recipients control.
- All electronic records are received when the record enters
an information processing system that the recipient has
designated or uses for the purpose of receiving electronic
records or information of the type sent, in a form capable
of being processed by that system, and from which the recipient
is able to retrieve the electronic record.
If you do not wish to deal with the Time Outdoors electronically, you should not enter into this Agreement
or use the Site. The Time Outdoors may complete any transaction initiated
by you at the Site prior to termination of your use of the
Site and may continue to provide you all notices related
to the transaction electronically. If applicable law now
or hereafter requires the Time Outdoors to communicate with you non-electronically,
we reserve the right to charge a fee for doing so. You agree
that we may chose (from time to time) to provide all or any
part of our services non-electronically.
2. Privacy.
Our Privacy Policy is a part of this Agreement
and its terms are incorporated by this reference. Please
read it now (by clicking on "Privacy Policy" at the bottom
of any page). The policy explains how certain information
about you may be used. You acknowledge and agree that the Time Outdoors may collect, use, exchange, and store information about you
in accordance with our Privacy Policy.
3. Unauthorized Use of Your Password.
ALL INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE
presenting YOUR Password ON THE SITE ARE BINDING ON YOU.
You agree that you are solely responsible for all transactions
or acts that are validated through use of your password,
whether or not made with your knowledge or authority. You
agree to guard your password carefully, with the full awareness
that a failure to keep it secure will enable others to
engage in transactions through the Site for which you will
be legally responsible. If you ever suspect that someone
may have obtained access to your password who is not intended
to have authority to act on your behalf, please contact
the Time Outdoors immediately.
4. Changes to the Agreement.
This Site is like a store: every time a customer enters
a store the customer is bound by the rules in effect on
the date of the customer's visit. Similarly, at this Site,
you are bound by the version of this Agreement that is
in effect on the date of your visit. The terms of this
Agreement may change from time to time so please review
them when you visit the Site. We will post a notice on
the home page of the Site for thirty (30) days if we change
the terms of this Agreement and your use of the Site after
the effective date of any change will constitute your consent
to the amended Agreement.
5. License to Use the Site.
We hereby grant you the right to view and use the Site
solely for the purpose of Activity participation, the organizing
of Activities, and the sharing and acquiring of information
related to Activities in accordance with the Agreement.
The Time Outdoors retains all right, title, and interest in and
to the Site. You may download and print copies of this
Agreement and of screens from this Site pertaining to any
Activity organized by you for the purpose of retaining
records of your organized Activities at the Site. Except
as provided in this Agreement, permission to reprint or
electronically reproduce any content in whole or in part
for any other purpose is expressly prohibited. The Site
and all content contained therein is protected by copyright
under both United States and foreign laws and all rights
not expressly granted are reserved by the Time Outdoors. Subject
to applicable law, the Time Outdoors reserves the right to suspend
or deny, in its sole discretion, your access to all or
any portion of the Site with or without notice.The license
in this Section 5 does not include permission to copy the
design elements, "look and feel" or layout of the Site.
Those elements are protected by law, such as trade dress,
trademark, unfair competition, and other laws, and may not
be copied or imitated in any manner. Except as expressly
provided in this Agreement, neither the Time Outdoors nor any third
party has conferred upon you by implication, estoppel, or otherwise,
any license or right under any patent, copyright, trademark,
trade secret or any other proprietary right.
6. Submission of Comments; Ideas and Other Information.
Any comments or information that you provide to the Time Outdoors,
for example, feedback or ideas in response to a member survey
regarding the Site, an "Event Report," suggestions, ideas, concepts,
or other information are collectively deemed "Submissions." None
of the Submissions will be subject to any obligation of confidence on the
part of the Time Outdoors, and the Time Outdoors will not be liable for any use or disclosure
(including publication in any medium) of any Submissions. You hereby grant
the Time Outdoors a royalty-free, perpetual, irrevocable, world-wide license to use,
copy, reproduce, create derivative works from, adapt, modify, publish, edit,
translate, sell, distribute, transmit, transfer, publicly display, publicly
perform, and display the Submissions without any limitation and in any media
or any form now known or later developed. Without limiting the foregoing,
the Time Outdoors will be entitled to unrestricted use of the Submissions for any
purpose, commercial or otherwise, without compensation to the provider of
the Submissions. Further, the Time Outdoors may sublicense these rights to third parties.
7. Copyright Infringement Notification & Other Reports.
The Time Outdoors relies on users of the Site to bring copyright violations to our
attention. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to our Designated Agent.
If you are aware of infringing materials on the Site, please notify the Time Outdoors agent:
Time Outdoors
To be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed,
or if multiple copyrighted works at a single online site are covered
by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or
to be the subject of infringing activity and that is to be removed or
access to which is to be disabled, and information reasonably sufficient
to permit the Time Outdoors to locate the material;
- Information reasonably sufficient to permit the Time Outdoors to contact you,
such as an address, telephone number, and if available, an electronic
mail address at which the you may be contacted;
- A statement that you have a good faith belief that use of the material
in the manner complained about is not authorized by the copyright owner,
its agent, or the law; and a statement that the information in the notification
is accurate, and under penalty of perjury, that you are authorized to
act on behalf of the owner of an exclusive right that is allegedly infringed.
ALL INQUIRIES NOT IN COMPLIANCE WITH THE ABOVE NOTICE AND
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT WILL RECEIVE NO RESPONSE.
Questions and comments about the Site (other than claims of copyright infringement)
should be directed to: webmaster@time-outdoors.com
8. Your Representations and Warranties.
You represent and warrant for the benefit of the Time Outdoors and the Time Outdoors’s licensors and suppliers that: (a)
you are at least 18 years of age or you have obtained
parental consent to use the Site; (b) you possess the
legal right and ability to enter into this Agreement
on your own behalf or on behalf of any person for whom
you are acting as agent and/or that you are authorized
to use the password required for this Site; (c) all information
that you submit to us is true, accurate, and current;
(d) you will keep your registration information current;
(e) you will be responsible for all use of your password
even if such use was conducted without your authority
or permission; and (f) you will not use the Site for
any purpose that is unlawful or prohibited by this Agreement.
9. Promotions.
No promotion (e.g., special price discount) is offered
by the Time Outdoors unless the promotion explicitly so states.
You agree that offers from other companies on the Site
are solely liable for their promotions and that the Time Outdoors is not liable. You also agree to comply with all terms
of a promotion. Note: some promotions will be subject
to quantity and other restrictions, including without
limitation, time limits that could expire during your
visit to the Site. The Time Outdoors reserves the right to withdraw
or refuse to honor any promotion that has been altered
or modified – other than by the Time Outdoors.
10. Indemnity.
You agree to defend, indemnify and hold harmless the Time Outdoors,
its officers, directors, employees, agents, licensors,
and suppliers, from and against all third party claims,
actions or demands, liabilities, and settlements, including,
without limitation, reasonable legal and accounting fees,
arising in connection with your use of the Site or resulting
from, or alleged to result from, your use of the Site or
your violation of this Agreement.
11. DISCLAIMERS OF WARRANTIES.
The Time Outdoors IS NOT RESPONSIBLE FOR HARM TO PERSONS OR PROPERTY
THAT RESULTS FROM YOUR USE OF THE SITE, INCLUDING WITHOUT
LIMITATION, USE OF ANY CONTENT ON THIS SITE. THIS SITE
AND ALL CONTENT IS PROVIDED "AS IS," "AS AVAILABLE," "WITH
ALL FAULTS," AND WITHOUT WARRANTY OF ANY KIND. The Time Outdoors AND the Time Outdoors’s LICENSORS GIVE NO EXPRESS WARRANTIES
AND DISCLAIM: (A) ALL IMPLIED WARRANTIES, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY; FITNESS
FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE; LACK
OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS
CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS,
RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY
CONTENT ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE,
WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. THE ENTIRE RISK
AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT
IN CONNECTION WITH THE SITE AND CONTENT IS WITH YOU. IN
ADDITION, the Time Outdoors DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT,
TITLE, OR QUIET ENJOYMENT.
12. Links to Third Party Sites.
As a convenience, we may provide links to third party web
sites from the Site. Te Time Outdoors is not responsible for and
does not endorse the informational content or any products
or services available on any third-party web site and does
not make any representations regarding its content or accuracy.
We do not control any third party web site, and we are not
liable for any technological, legal or other consequences
that arise out of your visit or transactions there. Your
use of third party web sites is at your own risk and subject
to the terms and conditions of use for such sites. This means
that we are not your agent and will not be a party to any
contract you enter.
13. EXCLUSIVE REMEDY; DAMAGE EXCLUSIONS & LIMITATIONS.
IN NO EVENT WILL the Time Outdoors OR the Time Outdoors’s LICENSORS
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, PUNITIVE, EXEMPLARY DAMAGES, OR ANY AND ALL OTHER
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS
OF DATA, PERSONAL INJURY, FAILURE TO MEET ANY DUTY INCLUDING
ACTS OF GOOD FAITH OR OF REASONABLE CARE, LACK OF NEGLIGENCE,
AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE,
OR THIS AGREEMENT, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH
OF WARRANTY OF the Time Outdoors AND EVEN IF the Time Outdoors HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. CALIFORNIA LAW AND CALIFORNIA (LOS ANGELES COUNTY) FORUM; ONE-YEAR
STATUTE OF LIMITATIONS.
This Agreement is governed by the laws of the State of
California U.S.A. Your consent to this Agreement will include
your consent to such law and the jurisdiction of and venue
in the courts in Los Angeles County California, U.S.A.
in all disputes arising out of or relating to this Agreement.
Use of the Site is not authorized in any jurisdiction that
does not give effect to all provisions of this Agreement.
The Time Outdoors's performance of this Agreement (including the
Privacy Policy) is subject to existing laws and legal process,
and you agree that the Time Outdoors may comply with law enforcement
or regulatory requests or requirements notwithstanding
any contrary term of this Agreement. Any cause of action
or claim you may bring in connection with the Site, including
without limitation any Content, must be commenced within
one (1) year after the claim or cause of action arises
or such claim or cause of action is barred. In any dispute
between the Time Outdoors and you relating to this Site, the prevailing
party will be entitled to attorneys’ fees, costs and expenses.
15. Miscellaneous; Entire Agreement.
If any part of this Agreement is determined
to be invalid or unenforceable, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original
provision, and the remainder of the Agreement will continue
in effect. The Agreement (including any related consents
or agreements that you provide during your visit to the
Site) constitutes the entire agreement between you and
the Time Outdoors with respect to the Site and that item and supersedes
all other (prior or contemporaneous) communications and
proposals, whether electronic, oral or written, between
you and the Time Outdoors regarding the Site and/or your Activity
participation through it.
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