Terms and Conditions
TERMS AND CONDITIONS
Welcome to Our website (“Website”). For purposes of this Agreement, the terms “we,” “us,” “our,” “the Website,” “the Service” “The OAO” and Outdoor Adventure Order refer to Outdoor Adventure Order LLC, an Idaho corporation, and “you” and “your” refers to you, as a user of our site.
THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU, THE END USER (ON BEHALF OF YOURSELF, OR ON BEHALF OF YOUR COMPANY OR ORGANIZATION), AND OUTDOOR ADVENTURE ORDER LLC. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE CONTINUING TO CREATE YOUR ACCOUNT. BY CLICKING ON THE “YES, I ACCEPT” BUTTON, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE “YES, I ACCEPT” BUTTON AND DISCONTINUE YOUR REGISTRATION.
LICENSE TO WEBSITE
Subject to your performance of all of the provisions of this Agreement, including payment of all applicable fees, Outdoor Adventure Order LLC hereby grants you, a limited, terminable, personal, non-exclusive license to access and use the Website and the services contained herein (the “Service”) solely as provided herein. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with Outdoor Adventure Order LLC. You shall be exclusively responsible for the supervision, management, and control of your Website user login and password. You shall ensure that you properly exit the Website at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these terms. Your right to use the Website is not transferable. You will use the Website and the Service in accordance with all applicable laws. Outdoor Adventure Order LLC may, without notice, terminate your access to the Website and the Service or take other actions as are reasonably necessary to comply with legal requirements and as necessary to protect Outdoor Adventure Order LLC ’s networks, information and the security and integrity of the Website.
You are solely responsible for any and all acts and omissions that occur under your user login and password, and you shall not to engage in unacceptable use of the Website, which includes, without limitation, use of the Website to transmit material that: (a) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming,” or otherwise is an advertisement to, or solicitation of, any Member to buy or sell any products or services through the Service; (d) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as utilizing images without authorization from photographers, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (f) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (g) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (h) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (j) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (k) is deemed by the Website to be in conflict with the spirit or intent of this Agreement. Outdoor Adventure Order LLC reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators.
YOU SHALL BE RESPONSIBLE FOR ALL CHARGES INCURRED THROUGH USE OF YOUR LOGIN CREDENTIALS.
Membership in the Service is void where prohibited. No minors may use or access the Website unless Outdoor Adventure Order LLC receives written consent from the minor’s parents or legal guardian. By agreeing to this Agreement as a Member, or parent/legal guardian of Member, you hereby warrant that you are at least 18 years of age, are legally capable of agreeing to this Agreement, and that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You are solely responsible for all content published or displayed through your account, and for your interactions with other Members.
In your use of our Services, you must act responsibly and exercise good judgment. By way of example and not limitation, you shall not violate any applicable law or regulation; infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights; use information obtained through our Services for any unauthorized purpose; interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; use our Services in connection with the distribution of spam (which we define as unsolicited bulk e-mail or any other e-mail of a commercial, religious or political or other nature not within the intended purposes of the Services); "stalk" or harass any other user of our Services; collect or store any information about any other user other than for purposes of the permitted use of our Services; assist any third party in doing any of the foregoing; register for more than one user account or register for a user account on behalf of an individual other than yourself; impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity. If you violate this policy, Outdoor Adventure Order LLC may terminate your membership immediately and without notice or refund of any kind.
This Agreement shall remain in full force and effect while you use the Website. Outdoor Adventure Order LLC may terminate your membership for any reason. If the Website terminates your access to the Service because you have breached this Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. Even after membership is terminated, the terms of this Agreement shall survive for so long as required to give them effect. Outdoor Adventure Order LLC reserves the right to charge for the Service and has the right to terminate Membership rights to use the service should the user breach this Agreement or fail to pay for the Service, as required by this Agreement. You are responsible for obtaining, installing and maintaining your own internal equipment and communications services necessary to access and use the Website. You shall be solely responsible for any telephone charges, Internet access fees, and other such similar fees and expenses that you incur by accessing the Website. Outdoor Adventure Order LLC reserves the right to provide a member rewards program by which members, by participating in contests and other events sponsored by Outdoor Adventure Order LLC, may earn points and or prizes, as determined by Outdoor Adventure Order LLC, which may qualify that member for membership without the payment of additional monetary fees.
OUR SITE IS A VENUE
Our Services do not include the introduction of users to one another. Our Site is merely a venue for users to learn about one another and, if they wish, arrange stays with one another. We are not involved in the actual contact between users. As a result, we have no control over the conduct of our users or the truth or accuracy of the information that users post on the Site.
Because user verification on the Internet is difficult, we cannot and do not confirm each user's purported identity. You are responsible for determining the identity and suitability of others with whom you may match by means of this Site. We do not endorse any persons who use or register for our Services. We do not investigate any user's reputation, conduct, morality, criminal background, or verify the information such user may submit to the Site.
YOUR EXPERIENCE WITH OTHER USERS
You are solely responsible for your interactions with other users of our Services. We will not be responsible for any damage or harm resulting from your interactions with other users of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.
The Website contains memberships for individuals, merchants and professionals that sell products or services to other Members or run contests involving other members. Your correspondence to or transactions with other Members, including any contests, purchases and any other terms, conditions, actions, warranties or representations associated with such transactions, are solely between you and the other Member. We are not responsible for examining or evaluating, and we do not warrant the products or services of, any of these other Members or the content of their accounts. WE EXPRESSLY DISCLAIM AND MAKE NO REPRESENTATIONS, GUARANTEES OR WARRANTIES AS TO ANY TRANSACTION CONDUCTED THROUGH ANY MEMBER, ANY PRODUCTS OR SERVICE OFFERED , OR ANY OTHER ACTIVITY ARISING FROM OR RELATED TO THE OTHER MEMBER. PRODUCTS THAT ARE PURCHASED THROUGH OTHER MEMBERS ARE PURCHASED FROM THE OTHER MEMBER ONLY AND NOT FROM OUTDOOR ADVENTURE ORDER LLC. Because our Site is merely a venue, in the event that you have a dispute with one or more members, you hereby release Outdoor Adventure Order LLC and our subsidiaries and our respective officers, directors, and employees from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
CREDIT CARD PAYMENTS
This Section shall apply if you elect to make payments on the Website using a credit card. You hereby authorize Outdoor Adventure Order LLC and/or its payment processor to charge all amounts owed as a result of your use of the Website to the credit card you provide to Outdoor Adventure Order LLC . You assume all responsibility for notifying us of changes in credit card numbers and/or expiration dates. We may also require a secondary credit card number to be used only if the payment to us by your primary credit card is declined. You shall additionally be responsible for and shall immediately pay Outdoor Adventure Order LLC , on demand, any payments that are made to us that are subject to a subsequent reversal. Questions regarding charges must be brought to the attention of our billing department within ninety (90) days after the end of the questioned billing period. Charges beyond ninety (90) days old are not subject to review, reversal or refund. YOU REPRESENT AND WARRANT THAT (I) THE CREDIT CARD INFORMATION SUPPLIED TO US IS TRUE, CORRECT AND COMPLETE, (II) PAYMENTS MADE YOU WILL BE HONORED BY YOUR CREDIT CARD COMPANY, AND (III) YOU SHALL PAY FOR ALL CHARGES INCURRED THROUGH USE OF YOUR LOGIN CREDENTIAL.
You are solely responsible for payment of all sales and other taxes arising from your purchases of products or services or participation in contests on the Website.
OUR RIGHTS TO YOUR CONTENT
You understand and agree that the Website may review and delete any content, news, messages, photos, videos, comments, blogs or profiles (collectively, “Content”) that in the sole judgment of the Website violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member. You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service or any material or information that you transmit to other Members. By posting Content on any public area of the Website, you automatically grant as well as represent and warrant that you have the right to grant to Outdoor Adventure Order LLC , an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and that Outdoor Adventure Order LLC has the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
POSTING ON THE WEBSITE
Please choose carefully the information you post on the Website and that you provide to others. Your profile may include personally identifiable items, including: last names, email addresses, telephone numbers, and street addresses. Do not include personally identifiable information in areas other than designated within your profile. The Website reserves the right, in its sole discretion, to reject, refuse to post or remove any profile, or posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability. Your participation in any offline event is at your sole risk.
The content, organization, graphics, design, compilation, and other matters related to the Website and Service are protected under applicable U.S. and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. Except for that information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. The Website our logos and others marks are either trademarks or registered trademarks of Outdoor Adventure Order LLC. The posting of information or materials on the Website does not constitute a waiver of any rights in such information and materials. Outdoor Adventure Order LLC exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the Website and related to the Website, and all modifications and derivative works thereof, and all intellectual property rights related thereto. You shall not challenge, contest or otherwise impair Outdoor Adventure Order LLC's ownership of the Website and the content therein or the validity or enforceability of Outdoor Adventure Order LLC's intellectual property rights related thereto. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website at any time without notice.
None of the material on our Website may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of Outdoor Adventure Order LLC. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in any copyright, trademark, patent or other intellectual property right of Outdoor Adventure Order LLC or any third party. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our office with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Outdooradventureorder.com’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Outdoor Adventure Order LLC, Attn: Copyright Agent, P.O. Box 45984,Boise, Idaho 83711
The Website is for the use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of the Website. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website are strictly prohibited. Except as effected or permitted by the Website, all advertisements, unsolicited mailings or advertisement to, or solicitation of, any Member to buy or sell any products or services through the Service is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by Outdoor Adventure Order LLC for any illegal or unauthorized use of the Website.
The Website reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. The Website may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
CONSUMER PROTECTION LAWS
THIS WEBSITE AND THE SERVICE ARE BUSINESS PRODUCTS, THE APPLICATION OF WHICH IS COMMERCIAL, RATHER THAN CONSUMER-ORIENTED, IN NATURE. IN ACCEPTING THIS AGREEMENT, YOU RECOGNIZE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT CONSUMER PROTECTION LAWS DO NOT APPLY TO THE TRANSACTIONS CONTEMPLATED HEREBY.
DISCLAIMER OF WARRANTIES
If you use our services, you do so at your sole risk. our services are provided on an "as is" and "as available" basis. we expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement. we do not warrant that (a) our services will meet your requirements; (b) our services will be uninterrupted, timely, secure, or error-free; (c) any information that you may obtain through our services will be accurate or reliable; (d) the quality of any products, services, information or other material purchased or obtained by you through our services will meet your expectations; (e) any information you provide or we collect will not be disclosed to third parties; or (f) any errors in any data or software will be corrected. if you access or transmit any content through the use of our services, you do so at your own discretion and your sole risk. you are solely responsible for any loss or damage arising out of such access or transmission. no data, information or advice obtained by you in oral or written form from us or through or from our services will create any warranty not expressly stated in these terms.
USERNAME AND PASSWORD
You will select a username and password as part of the registration process. You are solely responsible for the confidentiality and use of your username and password. You must: (a) log off from your account at the end of each session on our Site; and (b) notify us immediately of any unauthorized use of your username and password or any other breach of security.
We may, in our discretion and without liability to you, with or without cause (such cause may include your breach of these Terms), with or without prior notice and at any time: (a) terminate your access to our Services, (b) deactivate or delete any of your accounts and all related information and files in such accounts and (c) bar your access to any of such files or Services.
DISCONTINUANCE OF SERVICES
We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
LINKS TO OTHER WEBSITES, SPONSORS AND SERVICES
To the extent this Site contains links to outside services and resources, you agree that your use of such links is solely at your own risk and that any concerns regarding such services or resources should be directed to the particular outside service or resource provider. The Website is not responsible for any of their conduct, acts or omissions.
You shall use our Services in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export-control laws. You hereby represent and warrant to us that you are not (a) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, (b) identified as a "Specially Designated National", or (c) placed on the Commerce Department's Denied Persons List. Without limiting the foregoing, you are solely responsible for determining whether you have complied with travel restrictions to and from certain countries, including travel to and from countries other than the U.S. You agree that you are restricted from using the Services participating if the laws of your country prohibit you from doing so in accordance with these Terms (for example, if you are not allowed to provide the types of personal information that we require, or if you are prohibited from participating in certain Internet activity). If you decide to use the Services, you warrant to us that by such use you will not violate, or cause us to violate, the laws of your country.
REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to us that: (a) you have the full power and authority to enter into and perform under these Terms; (b) your use of our Services will not infringe the copyright, trademark, right of publicity or any other legal right of any third party; (c) you will comply with all applicable laws in using our Services and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our Services; and (d) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.
If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the State of Idaho without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of Idaho, City of Boise.
You are solely responsible for your interactions with the Website and other Members. The Website reserves the right, but has no obligation, to monitor disputes between you and other Members.
LIMITS ON LIABILITY
WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO: (A) THE USE OR INABILITY TO USE OUR SERVICES; (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICES; (F) YOUR OR ANYONE ELSE'S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF OUR SERVICES OR PERSONS INTRODUCED TO YOU BY OUR SERVICES, WHETHER ON-LINE OR OFF-LINE; OR (G) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICES OR THESE TERMS. WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS, WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL. The foregoing shall not apply to the extent prohibited by applicable law.
You shall defend, indemnify and hold harmless the Website (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to your use of our Services or alleging facts or circumstances that could constitute a breach of any provision of these Terms by you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
The translation of any portion of the Website into another language is for your convenience only. Like any automated translation technology, the on-line third-party translation application used on the Website is susceptible to inaccuracy. You may rely only on the original, English-language version of the Website.
This Agreement constitutes the entire agreement between the Website and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of the Website, or by the posting by the Website of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Idaho, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Ada County, Idaho. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled by arbitration. The arbitration shall take place in Boise, Idaho, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; the Website may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
If you are entering into this Agreement on behalf of an entity, you represent and warrant that you have the authority from your respective governing body to enter into this Agreement and to bind your respective company to all the terms and conditions of this Agreement.
SELECTING “YES, I ACCEPT” WILL BE THE LEGAL EQUIVALENT OF YOUR SIGNATURE ON A WRITTEN CONTRACT, AND EQUALLY BINDING. YOU MUST AGREE TO THESE TERMS AND CONDITIONS IN ORDER TO CREATE AN ACCOUNT AND USE THE SERVICE.