This agreement is between Realtime Adventure Data, Inc. (the “Company”) and the user.
Welcome to AdventureData.com (the “Website”). The Website is comprised of various web pages operated by the Company and is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Website constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference.
The Website is an E-commerce Site and has the purpose of selling and informing the public of the Company’s products.
1. Privacy. The information we obtain through your use of this Website is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.
2. Electronic Communications. Visiting the Website or sending emails to the Website constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that the Company provides to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
The Company does not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under 18, you may use the Website only with permission of a parent or guardian.
3. Links to Third Party Sites/Third Party Services. The Website may contain links to other websites (the “Linked Sites”). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.
Certain services made available via the Company are delivered by third party sites and organizations. By using any product, service or functionality originating from the Website domain, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website users and customers.
4. No Unlawful or Prohibited Use/Intellectual Property. You are granted a non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these terms of use. As a condition of your use of the Website, you warrant to the Company that you will not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use or enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for by the Website.
All content included as part of the Service, such as text, graphic, logos, images, as well as the compilation thereof, and any software used on the Website, is property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. The Company content is not for resale. Your use of the Website does not entitle you to make any proprietary rights or attribution notice in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the Company and the copyrights owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, in the intellectual property of the Company or our licensors except as expressly authorized by these terms.
5. Use of Communication Services. The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities deigned to enable you to communicate with the public at large or with a group (the “Communicative Services”). You agree to use the Communicative Services only to post, send and receive messages and material that are proper and related to the particular Communicative Service.
The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Company reserves the right, at all times, to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in party, in the Company’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The Company does not control or endorse the content, messages, or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Service and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of the Company.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
6. Materials Provided to The Website or Posted On Any of The Company’s Web Pages. The Company does not claim ownership of the materials you provide to the Website (including feedback and suggestions) or post, upload, input or submit to any of the Company website or associated services (the “Services”). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting the Company, our affiliated companies and necessary sub-licensees’, permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit translate and reformat you Submission and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein, the Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in their discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation all the rights necessary for you to provide, post, upload, input or submit the Submissions.
7. International Users. The Service is controlled, operated and administered by the Company from our offices within the United States of America. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company’s Content assessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
8. Indemnification. You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations, the Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
9. Liability Disclaimer.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.
THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHIC ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, THE PROVISION OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHIC OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF ITS CONTENT, DISCONTINUE USING THE SITE.
10. Termination and Access Restriction. The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is government is governed by the laws of the state of Idaho. You hereby consent to the exclusive jurisdiction and venue of courts in Idaho in all disputes arising out of, or relating to, the use the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above 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 shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website. A printed version of this agreement and the notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
11. Change to Terms. The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of their updates.
12. Contact Us. The Company welcomes your questions or comments regarding the Terms:
Realtime Adventure Data, Inc.
Boise, Idaho
Email Address: [email protected]