TERMS AND CONDITIONS OF USE
We have taken every effort to design our Web site to be useful,
informative, helpful, honest and fun. Hopefully we’ve accomplished that
— and would ask that you let us know if you’d like to see improvements
or changes that would make it even easier for you to find the
information you need and want.
All we ask is that you agree to abide by the following Terms and
Conditions. Take a few minutes to look them over because by using our
site you automatically agree to them. Naturally, if you don’t agree,
please do not use the site. We reserve the right to make any
modifications that we deem necessary at any time. Please continue to
check these terms to see what those changes may be! Your continued use
of the Our Backpacking Directory Web site means that you accept those changes.
THANKS AGAIN FOR VISITING!
Restrictions on Use of Our Online Materials
All Online Materials on the Our Backpacking Directory site, including, without limitation,
text, software, names, logos, trademarks, service marks, trade names,
images, photos, illustrations, audio clips, video clips, and music are
copyrighted intellectual property. All usage rights are owned and
controlled by Our Backpacking Directory. You, the visitor, may not copy, reproduce,
republish, upload, post, transmit or distribute Online Materials in any
way or for any other purpose unless you get our written permission
first. Neither may you add, delete, distort or misrepresent any content
on the Our Backpacking Directory site. Any attempt to modify Online Material, or to defeat
or circumvent our security features is prohibited.
Everything you download, any software, plus all files, all images
incorporated in or generated by the software, and all data accompanying
it, is considered licensed to you by Our Backpacking Directory or third-party licensors
for your personal, non-commercial home use only. We do not transfer
title of the software to you. That means that we retain full and
complete title to the software and to all of the associated
intellectual-property rights. You’re not allowed to redistribute or sell
the material or to reverse-engineer, disassemble or otherwise convert it
to any other form that people can use.
Submitting Your Online Material to Us
All remarks, suggestions, ideas, graphics, comments, or other
information that you send to Our Backpacking Directory through our site (other than
information we promise to protect under our privacy policy) becomes and
remains our property, even if this agreement is later terminated.
That means that we don’t have to treat any such submission as
confidential. You can’t sue us for using ideas you submit. If we use
them, or anything like them, we don’t have to pay you or anyone else for
them. We will have the exclusive ownership of all present and future
rights to submissions of any kind. We can use them for any purpose we
deem appropriate to our Our Backpacking Directory mission, without compensating you or
anyone else for them.
You acknowledge that you are responsible for any submission you make.
This means that you (and not we) have full responsibility for the
message, including its legality, reliability, appropriateness,
originality, and copyright.
Limitation of Liability
Our Backpacking Directory WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR
RESULT FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY
ANY:
- USE OF (OR INABILITY TO USE) THE SITE
- USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK
FROM OUR SITE
- FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR
DESIRED
- ERROR ON OUR SITE
- OMISSION ON OUR SITE
- INTERRUPTION OF AVAILABILITY OF OUR SITE
- DEFECT ON OUR SITE
- DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
- COMPUTER VIRUS OR LINE FAILURE
- PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
- DAMAGES INTENDED TO COMPENSATE SOMEONE
DIRECTLY FOR A LOSS OR INJURY
- DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY
(KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.")
- OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY
FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTAL
DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE
LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE
IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY
WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF
DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES,
INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE
CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY
NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER
LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING
TO ACCESS OUR SITE.
Links to Other Site
We sometimes provide referrals to and links to other World Wide Web
sites from our site. Such a link should not be seen as an endorsement,
approval or agreement with any information or resources offered at sites
you can access through our site. If in doubt, always check the Uniform
Resource Locator (URL) address provided in your WWW browser to see if
you are still in a Our Backpacking Directory-operated site or have moved to another site.
Our Backpacking Directory is not responsible for the content or practices of third party
sites that may be linked to our site. When Our Backpacking Directory provides links or
references to other Web sites, no inference or assumption should be made
and no representation should be inferred that Our Backpacking Directory is connected with,
operates or controls these Web sites. Any approved link must not
represent in any way, either explicitly or by implication, that you have
received the endorsement, sponsorship or support of any Our Backpacking Directory site or
endorsement, sponsorship or support of Our Backpacking Directory, including its respective
employees, agents or directors.
Termination of This Agreement
This agreement is effective until terminated by either party. You
may terminate this agreement at any time, by destroying all materials
obtained from all Our Backpacking Directory Web site, along with all related documentation
and all copies and installations. Our Backpacking Directory may terminate this agreement
at any time and without notice to you, if, in its sole judgment, you
breach any term or condition of this agreement. Upon termination, you
must destroy all materials. In addition, by providing material on our
Web site, we do not in any way promise that the materials will remain
available to you. And Our Backpacking Directory is entitled to terminate all or any part
of any of its Web site without notice to you.
Jurisdiction and Other Points to Consider
If you use our site from locations outside of the United States, you are
responsible for compliance with any applicable local laws.
These Terms of Use shall be governed by, construed and enforced in
accordance with the laws of Oregon, as it is applied to agreements
entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to
violate Our Backpacking Directory and/or its affiliates' intellectual property rights,
Our Backpacking Directory and/or its affiliates may seek injunctive or other appropriate
relief in any state or federal court in the State of Oregon, and you
consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to
resolve it with the help of a mutually agreed-upon mediator in the
following location: Washington County, Oregon. Any costs and fees other
than attorney fees associated with the mediation will be shared equally
by each of us.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding arbitration
at the following location: Washington County, Oregon, under the rules of
the American Arbitration Association. Judgment upon the award rendered
by the arbitration may be entered in any court with jurisdiction to do
so.
Our Backpacking Directory may modify these Terms of Use, and the agreement they create,
at any time, simply by updating this posting and without notice to you.
This is the ENTIRE agreement regarding all the matters that have been
discussed.
If you have any more questions about what we do or how we do it,
please contact us at:
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