Scope and Applicability.
BY VIEWING THE WEB SITE(S) AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO SUCH TERMS AND CONDITIONS, ADVENTURE AIDE IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE SERVICES, AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE WEB SITE(S).
Adventure Aide may modify this Agreement from time to time in its sole discretion and without notice to you. You should review this Agreement periodically to ensure familiarity with its then-current terms and conditions. Your continued use of the Services shall constitute your acceptance of this Agreement and your continued use of the Services following any modification of this Agreement shall constitute your acceptance of such modifications to this Agreement.
Use of the Services.
In accordance with the terms and conditions of this Agreement, Adventure Aide grants you a non-exclusive, limited, non-transferable license to use the Services and view the online content for your personal, non-commercial use. The Services (and the content and information included therein) are protected by copyright pursuant to United States laws and international treaties and are owned or licensed by Adventure Aide, the Aides, and/or the Information Provider(s) credited. You shall abide by all copyright notices, information, or restrictions contained in any content or information accessed through the Services.
You may not reproduce, retransmit, disseminate, sell, distribute, perform, display, publish, broadcast, circulate, create derivative works from, or commercially exploit the Services (including the content and information made available through the Services), in whole or in part, in any manner, without the prior written consent of Adventure Aide, nor use the content or information made available through the Services for any unlawful purpose. You may not replay for commercial purposes video and/or audio materials available on the Web site(s). Nothing contained in this Agreement shall be construed as conferring any right in any copyright, trademark, or other intellectual property of Adventure Aide to you. Violation of this policy may result in infringement of the intellectual property and contractual rights of Adventure Aide, the Aides, the Information Providers and/or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
No part of these materials may be copied, reproduced, uploaded, posted, transmitted or distributed in any form or by any means, electronic or mechanical, now known or hereafter invented without the prior written consent of Adventure Aide, the Aides, and/or the Information Providers. Notwithstanding the foregoing, you may print hard copies of pages from the Web site(s) and the printable versions displayed therein for your personal, temporary, non-commercial use, provided you maintain all copyright and other notices contained therein. No other copying of the Web site(s), in whole or in part, is permitted without Adventure Aide's prior express written authorization, which may be withheld for any reason.
You agree to accept sole responsibility for: (1) any use of Internet facilities conducted or permitted by you or your agents, contractors, employees or other users; (2) the conduct of any business, advertising, marketing or sales in connection therewith; and (3) any negligent or illegal act or omission of you or your agents, contractors, employees or other users.
When retrieving information from the Services, you are expressly prohibited from: (1) using or attempting to use data mining, spiders, robots, intelligent agents, or any other similar data gathering, extraction or navigation search methods except for a normal browser; (2) aggregating, copying or duplicating any of the materials or information available from the Web site(s) except for the small amount of materials and information temporarily required for an ordinary single use of the Web site(s); or (3) accessing data not intended for such user.
Hyperlinks on the Web Site(s).
Adventure Aide may from time to time, directly or indirectly, provide hyperlinks ("links") to or, in our sole discretion, accept links from Web sites of third parties. Adventure Aide does not control or maintain the material presented by other persons in their Web sites. The inclusion of any link on the Web site(s) does not imply an association or relationship between Adventure Aide and the person or entity sponsoring the linked site and does not constitute or imply an endorsement, approval or sponsorship of the linked site by Adventure Aide, or the endorsement, approval or sponsorship of Adventure Aide by the sponsor of the linked site. The links do not imply legal authority to use any protected rights of others reflected in the links. We do not vouch for or assume any responsibility for the content, accuracy or completeness of the material presented directly or indirectly in linked sites. If you use any of the links, you may be directed to another site and leave the Web site(s).
Linking to the Web Site(s).
You may not link other sites to the Web site(s) without prior authorization by Adventure Aide, which may be withheld for any reason. In all circumstances, you may not frame or alter the appearance of the Web site(s) or reproduce or host content from the Web site(s) on your Web site. Further, you may not state or imply that Adventure Aide endorses, sponsors or otherwise approves your site. You may not use any of the Adventure Aide trademarks or logos without prior written consent, which may be withheld for any reason.
Submissions to Web Site(s).
All concepts, ideas, comments, manuscripts, illustrations and all other materials disclosed or offered on or in connection with the Web site(s) are submitted without any restrictions or expectation of confidentiality. Adventure Aide shall not have any financial or other obligations to you when you submit such information, nor shall you assert any proprietary or moral right of any kind with respect to such submissions. We shall have the right to use, publish, distribute, transmit, download, upload, post, display or otherwise distribute your submissions in any manner without notice or compensation to you.
Adventure Aide does not represent or warrant that information and content provided in connection with the Services is or will be always up-to-date, complete, accurate or available for viewing. The Services include facts, views, opinions and recommendations of individuals and organizations deemed of interest. Neither Adventure Aide, the Aides, nor the Information Providers guarantee the accuracy, completeness or timeliness of, or otherwise endorses, these views, opinions or recommendations. Adventure Aide reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any content from the Web site(s). Adventure Aide will take reasonable efforts to correct any inaccuracies that are brought to its attention; provided, however, that Adventure Aide assumes no responsibility for incorrect information collected from any of the Aides, any delay, changes in his/her schedule, strikes, injury, weather, fire, theft, quarantine, medical or customs regulations and similar acts or incidents beyond Adventure Aide's control. Adventure Aide is not responsible for any arrangements made between you and the Aide.
Notwithstanding the foregoing, we have no duty to edit or review materials submitted by users. Adventure Aide, the Aides, and the Information Providers give no assurances whatsoever regarding the information or materials available on the Web site(s). If you submit any information to the Web site(s), 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 or invade another person's privacy; (2) post or transmit any pyramid schemes, chain letters or conduct gambling; (3) post or transmit anything that violates the copyright or intellectual property rights of any person or entity; (4) post or transmit a virus or any other harmful component; (5) post anything that you know is incorrect or potentially harmful to any third party; or (6) contact other users of the Web site(s) through unsolicited e-mail, telephone calls, mailings or any other method of communication. Any such materials may be removed from the Web site(s) at any time for any reason.
If, through the use of the Services, you decide to submit, enter or transmit information or materials of any kind, you are solely responsible for ensuring that you may do so and that such information and materials can be accessed, used, copied, distributed and adapted by other users of the Services (including Adventure Aide and its Information Providers) without liability or restriction. You agree to indemnify, defend and hold harmless Adventure Aide, the Aides, and the Information Providers from any damage, loss, cost or expense which may be incurred by Adventure Aide as a result of the material you link, upload, post or transmit to the Web site(s).
Intellectual Property Rights.
Unless otherwise noted, all materials, including but not limited to the Web site(s), all articles, text, graphics, logos, images, illustrations, designs, icons, photographs, video clips, audio clips, all menu pages, underlying HTML code, and software that is part of the Web site(s), are protected under copyright laws and are the trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Adventure Aide, the Aides, the Information Providers, or is otherwise part of the public domain. Without prior written consent, you may not republish, frame, retransmit, modify or create derivative works of any material contained in the Web site(s) on any other Web site or in materials of any other entity. Further, the computer code created by or for Adventure Aide to generate the Web site(s) is protected by copyright and any copying or adapting of such code is strictly prohibited.
In accordance with the terms and conditions of this Agreement, Adventure Aide may discontinue or change the Services, or their availability to you, immediately, in its sole discretion, at any time without cause. Adventure Aide may terminate this Agreement and your access to and use of the Services, or any portion thereof, immediately, in its sole discretion, at any time without cause.
Disclaimer of Warranties.
You understand and agree that your use of the Services is at your sole risk. THE SERVICES AND THE INFORMATION PRESENTED ON THE WEB SITE(S) ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, RELIABILITY, NONINFRINGEMENT, RESULT OR OUTCOME. ANY REPRESENTATION OR WARRANTY THAT MIGHT BE OTHERWISE IMPLIED IS EXPRESSLY DISCLAIMED BY ADVENTURE AIDE, THE AIDES, AND THE INFORMATION PROVIDERS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE SUCH AS LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
ALTHOUGH THE WEB SITE MAY CONTAIN AN ELECTRONIC BULLETIN BOARD (THE "BULLETIN BOARD"), ADVENTURE AIDE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF ANY OPINIONS, ADVICE, REPRESENTATIONS OR INFORMATION POSTED ON THE BULLETIN BOARD. ADVENTURE AIDE RESERVES THE RIGHT (BUT SHALL NOT HAVE AN OBLIGATION) TO REMOVE POSTINGS THAT IT DEEMS INAPPROPRIATE OR OFFENSIVE; PROVIDED, HOWEVER, ADVENTURE AIDE BEARS NO RESPONSIBILITY FOR THE CONTENT ON THE WEB SITE(S), ANY THIRD PARTY'S RELIANCE THEREON, OR THE IMPROPER USE OF THE WEB SITE(S) BY ANY THIRD PARTY, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, VIOLATIONS OF APPLICABLE ANTI-SPAMMING LAWS OR ANY VIOLATION OF ANY LAWS AND STATUTES REGULATING THE USE OF INTERNET WEB SITES, POSTING INFORMATION THAT CONTAINS VULGAR OR QUESTIONABLE LANGUAGE, THAT MAY BE ILLEGAL UNDER FEDERAL OR STATE LAWS, OR MAY BE ILLICIT, INDECENT OR PORNOGRAPHIC IN NATURE.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, NEITHER ADVENTURE AIDE NOR ANY OF THE AIDES NOR ANY OF THE INFORMATION PROVIDERS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE SERVICES, ACCESS TO OR INABILITY TO ACCESS THE SERVICES, USE OF OR RELIANCE ON THE INFORMATION IN OR THROUGH THE SERVICES, OR RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL, BUSINESS REPUTATION, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER ADVENTURE AIDE NOR ANY OF THE AIDES NOR ANY OF THE INFORMATION PROVIDERS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS SHALL BE LIABLE TO YOU OR OTHERS FOR LIABILITY OR DAMAGES UNDER CONTRACT OR TORT THEORIES OR ANY DAMAGES CAUSED BY VIRUSES, "TROJAN HORSES," "WORMS," "TIME BOMBS," OR ANY OTHER DAMAGING COMPUTER PROGRAMMING ROUTINES OR ENGINES CONTAINED WITHIN ELECTRONIC FILES OF THE WEB SITE(S) OR ANY LINKED SITE, REGARDLESS OF PRIOR NOTICE TO ADVENTURE AIDE, THE AIDES, OR THE INFORMATION PROVIDERS. IN NO EVENT SHALL ADVENTURE AIDE BE LIABLE FOR DAMAGES TO YOU OR ANY THIRD PARTY FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SERVICES.
Limitation of Claims.
Unless statute mandates a lesser period, any action on any claim against Adventure Aide, the Aides, and/or the Information Providers must be filed by the user within one (1) year following the date the claim first accrued or it shall be deemed waived. You are solely responsible for your interactions with the Aides. Adventure Aide reserves the right, but shall have no obligation, to monitor disputes between you and the Aide and take appropriate action if, in its sole discretion, Adventure Aide finds any violation of this Agreement or other improper conduct.
You agree to indemnify, defend and hold harmless Adventure Aide, any associated entities, managers, members, officers, employees and agents from and against any and all losses, damages, expenses (including, without limitation, court costs, amounts paid in settlement, judgments, attorneys' fees or other expenses for investigating and defending, including, without limitation, those arising out of the enforcement of this Agreement), suits, actions, claims, deficiencies, liabilities or obligations (collectively, "Losses") sustained or incurred by Adventure Aide relating to, or arising out of, (a) your use of and access to the Web site(s); (b) your use of the Services; (b) your violation of this Agreement; (c) your violation of any third party right, including, without limitation, any copyright, property or privacy right; (d) any claim that one of your submissions to the Web site(s) caused Losses to a third party; or (e) personal injury or property damage, of any nature whatsoever, resulting from your access to and/or use of the Web site(s) or taking an adventure with the Aides.
Some of the Services are supported by advertising revenue and may display advertisements and promotions in connection with Google's advertising management system. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising on the Services are subject to change without specific notice to you. In consideration for Adventure Aide granting you access to and use of the Services, you agree that Adventure Aide or Google's advertising management system may place such advertising on the Services.
Adventure Aide will, in appropriate circumstances, remove from the Web site(s) information that might infringe the intellectual property rights of others. If you believe your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Web site(s) or on sites to which the Web site(s) link, you must provide our Copyright Agent with notice, including substantially the following:
(i) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
(ii) A description of the copyrighted work or works that you claim have been infringed and an identification of what material in such work(s) is claimed to be infringing and which you request to be removed from the Web site. If multiple copyrighted works are covered by a single notification, a representative list of such works must be provided;
(iii) Identification of the location on the Web site of the allegedly infringing material(s) reasonably sufficient to permit Adventure Aide to locate the material(s). The easiest way to do this is by providing Web addresses (URLs) leading directly to the allegedly infringing material(s);
(iv) Information reasonably sufficient to permit us to contact you, including your full name, physical address, telephone number, fax number and, if available, your direct email address:
(v) A statement by you that you have a good faith belief that the use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) A statement by you that the information in your notice is accurate, and, under penalty of perjury, a declaration that you are the copyright owner or authorized to act on the copyright owner's behalf; and
(vii) Your electronic or physical signature.
Notice of copyright infringement should be mailed to Adventure Aide's Copyright Agent at the following address:
By mail: Copyright Agent
c/o Adventure Aide
200 S. 13th Street, Suite 208
Grover Beach, CA 93422
By email: firstname.lastname@example.org
THE COPYRIGHT AGENT SHOULD BE CONTACTED ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THE WEB SITE OR ON SITES LINKED TO FROM THE WEB SITE(S). ALL OTHER INQUIRIES DIRECTED TO THE COPYRIGHT AGENT WILL NOT RECEIVE A RESPONSE.
Additional Disclosures and Information.
Effective Date: February 17, 2016
Scope and Applicability.