Thank you for visiting www.OutdoorRoadmap.com (the "Site"). Outdoor Roadmap (“ORM”, “we”, or “us”) provides the content and materials on this Site as an information service.
ORM RESERVES THE RIGHT TO REVISE THIS AGREEMENT AT ANY TIME AND UPON SUCH REVISIONS WILL REVISE THE “LAST UPDATED” DATE AT THE BOTTOM OF THIS AGREEMENT. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE CURRENT AGREEMENT.
1. General. By using the Site, you, the user of the Site ("User" or “You”), are subject to this Agreement. User may not use the Site for any unlawful purpose. ORM may change the terms in this Agreement at any time. The changes will appear in this Agreement, and the date of this Agreement will be updated accordingly. User's use of the Site after the posting of any changes will constitute User's agreement to the modified terms. Therefore, User should read this Agreement prior to each use of the Site and should check the “Last Updated” date to ensure familiarity with the terms of this Agreement. User may print a copy of this Agreement for reference.
3. Registration / Your Account. To use certain features of the Site, You may be required to register an account (“Account”) with ORM on the form provided on the Site (“Registration”). You agree (a) to provide true, accurate, current and complete information about yourself during Registration and to maintain and promptly update the information you provide to keep it true, accurate, current and complete. You agree not to: (i) select a username that, to your knowledge, is already used by another person; (ii) use a username in which another person has rights without such person’s authorization; or (iii) use a username or password that ORM in its sole discretion, deems offensive or inappropriate. It is Your responsibility to maintain the confidentiality of the password issued by ORM to You and You agree to accept responsibility for all activities that occur under Your Account. You may not transfer, assign or sell Your Account (including rating and feedback) to any third party. ORM will have the right to rely upon any information received from any person using a password assigned to you and will incur no liability arising out of such reliance.
ORM has no obligation to verify the authenticity of any Registration information. PLEASE NOTE: IF YOU PROVIDE ANY INFORMATION THAT IS FALSE, MISLEADING, INACCURATE, NOT CURRENT OR INCOMPLETE DURING REGISTRATION OR OTHERWISE, WE HAVE THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT AND REFUSE ANY AND ALL CURRENT OR FUTURE USE OF THE SERVICES (OR ANY PORTION THEREOF). ANY ACTIVITIES THAT ARE ILLEGALLY CARRIED ON WITHIN THE SITE WILL BE REPORTED TO THE APPROPRIATE FEDERAL, STATE OR LOCAL AUTHORITIES.
For questions related to updating or changing your Account information, please send an e-mail to firstname.lastname@example.org.
5. Fees and Charges. We currently do not charge for any Services offered through the Site. However, in some cases, donations to ORM may be encouraged. With respect to any such donations, we will not charge Your credit card until you have first had an opportunity to review and accept the donation amounts to be charged to your credit card. We reserve the right to change or discontinue, temporarily or permanently, some or all of our Services at any time with or without notice. In the event we introduce a new service, the fees for that service, if any, are effective at the launch of the service. We may also choose to temporarily lower the fees for any Service-based fees for promotional events, and such changes are effective when we post information about the promotional event on the Site.
From time to time, You may have the opportunity to purchase certain products and/or services that are advertised on the Site and that are offered for sale through the Site by third parties or other users of the Site. YOU MUST BE 18 YEARS OF AGE OR OLDER TO MAKE ANY SUCH PURCHASES. Additionally, ORM may post, on behalf of third parties or other users, coupons, incentives, rebates, and other promotional offers. We assume no responsibility for, and You are solely responsible for confirming, the availability, appropriateness, accuracy, sufficiency, correctness, veracity, completeness, reliability and timeliness of any third party’s Submitted Content (as defined below). You agree and acknowledge that ORM has no control over such Submitted Content, and as such, has no responsibility or liability to You, Your assignee or designee, or anyone acting on Your behalf in connection with any such offers of services or products or any related transactions. The inclusion of any such Submitted Content on the Site does not imply endorsement or sponsorship by ORM or such Submitted Content and ORM expressly disclaims any and all liability for Submitted Content. You are solely responsible for any and all consequences of any such activities, transactions and relationships that you may conduct or form with others regardless of whether such transactions were introduced, contemplated, or completed as a result of the Site. Any purchases that you make from such third parties or users who have advertised on or through the Site are made at your own risk and ORM expressly disclaims all warranties and guarantees, express or implied, with respect to such purchases. You acknowledge and agree that ORM has no responsibility or liability to you for such purchases and/or transactions.
6. License to Submitted Content. Unless otherwise agreed to in writing by You and ORM, you hereby grant to ORM a cost free, royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use without restriction, all messages, files, text, pictures, drawings, photographs, artwork, opinions, ideas, suggestions, and other materials, content and feedback that you upload, post or submit to the Site or send to use for display on the Site, or which you send to other users on the Site (collectively, “Submitted Content”).The foregoing license includes, without limitation, the right to copy, store, reproduce, modify, adapt, display, translate, transmit, perform, publish, create derivative works from, and to sublicense these rights to third parties, and the right to exploit any property rights in such Submitted Content, including but not limited to rights under copyright, trademark, service mark or patent Laws under any relevant jurisdiction. Nothing contained in this Agreement shall limit or otherwise affect these rights.
7. Modifications of Site. User understands and agrees that ORM may discontinue or change the Site at any time, without notice. Also, User understands and agrees that ORM may discontinue or restrict User's use of the Site for any reason without notice.
8. Copyright Protection. The content, features and functions displayed on the Site by ORM, including without limitation, all such as text, graphics, logos, button icons, images, audio clips, video, data compilations, and software ("ORM Content" and collectively with Submitted Content, the “Content”), is the property of ORM or its third party licensors, and is protected by U.S. and international copyright and other intellectual property Laws.
9. Trademarks. The Site contains trademarks and trade names of ORM. Third party trademarks and trade names are the property of their respective owners. Nothing contained on the Site should be understood as granting You a license to use any of the trademarks, service marks, or logos owned by ORm or by any third party.
10. ORM Content Use Limitations. User agrees not to copy, reproduce, modify, adapt, display, translate, transmit, perform, publish, create derivative works from, or store any ORM Content on the Site without the express prior written consent of ORM. User also agrees not to distribute, transmit, broadcast or circulate any ORM Content to others, without the express prior written consent of ORM , except User may, on an occasional and irregular basis, reproduce, distribute, display or transmit an insubstantial portion of such ORM Content, for a noncommercial purpose and without charge, to a limited number of individuals, provided User includes all copyright and other proprietary rights notices with that portion of the ORM Content, in the same form in which the notices appear on the Site, and the phrase "Used with permission from ORM.”
User may not post any ORM Content to any non-ORM owned or controlled forums, newsgroups, mail lists, electronic bulletin boards, or other web sites, without the prior written consent of ORM. Use of all ORM Content is for non-commercial purposes only.
ORM Content includes information, tips, facts, views, and opinions ORM deems worthy of publication. ORM DOES NOT GIVE TECHNICAL, BUSINESS, OR ANY OTHER PROFESSIONAL ADVICE THROUGH OR IN CONNECTION WITH THE SITE.
11. Additional Use Limitations. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (i) accessing content or data not intended for You, or logging onto a server or account that You are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (iii) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mail bombing”, or “crashing”; (iv) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (v) using any automatic or manual process to monitor or copy any portion of the Site without ORM’s prior written permission; (vi) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; (vii) introducing any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (viii) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by ORM in providing the Site. Any violation of system or network security may subject You to civil and/or criminal liability.
Our Services may be used only for lawful purposes. Transmission, posting, distribution or storage of material or conduct in violation of any Laws strictly prohibited. You agree not to use the Site in any manner which causes any Infringement Violations of ORM or any third party. You shall be solely responsible for any violations of any Laws and for any Infringement Violations of ORM or any third party rights caused by You. The burden of proving that your activities in connection with the Site do not violate any Laws or cause any Infringement Violations rests solely with You.
12. Violations. ORM may investigate reports of abuse or misuse and, if appropriate, limit or prohibit Your use of the Site or modify Your user profile to reflect its determinations. You agree that we may access Your Account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized use of the Site. ORM does not intend to disclose the existence or occurrence of such an investigation unless required by law, but ORM reserves the right to terminate Your Account or Your access to the site immediately, with or without notice to You, if we believe You have violated any terms of this Agreement, furnished ORM with false or misleading information, or interfered with use of the Site by others. All determinations are final and are made at ORM's sole discretion. In agreeing to this Agreement, You agree to participate in investigations and be bound by ORM's determinations. If ORM, in its sole discretion, determines that a violation of this Agreement has occurred, or if ORM believes that Your actions may cause legal liability for You, our users or us, ORM may take any actions or pursue any legal remedies that it believes are necessary or prudent, including, but not limited to, issuing a warning, filing a complaint, deleting any posted material from our Site, suspending or canceling Your Account, releasing User Information, filing a report with the appropriate authorities and/or excluding any person(s) who may have violated any terms of this Agreement. ORM may cooperate with any investigation by any federal, state, or local body or any court or tribunal. Such cooperation may be with or without notice to You. We will take each reported Account into consideration during the investigation process before making a decision.
15. LIMITATION OF LIABILITY. BY USING THE SITE, THE CONTENT OR THE SERVICES, USER IS AGREEING THAT UNDER NO CIRCUMSTANCE WILL ORM OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, PARTNERS AND AFFILIATES BE RESPONSIBLE FOR (I) ANY INFORMATION (REGARDLESS OF PROVIDED OR OMITTED BY ORM, ITS PARTNERS, OR OTHER THIRD PARTIES (INCLUDING OTHER USERS)) CONTAINED IN, DISPLAYED ON OR OMITTED FROM THE SITE; (II) ANY PERSON'S RELIANCE ON ANY CONTENT (REGARDLESS OF WHETHER PROVIDED BY ORM, ITS PARTNERS, OR OTHER THIRD PARTIES (INCLUDING OTHER USERS) OR SERVICES, WHETHER OR NOT THE CONTENT OR SERVICES ARE CORRECT (OR ADEQUATELY PERFORMED), CURRENT OR COMPLETE; (III) THE CONSEQUENCES OF ANY ACTION USER OR ANY OTHER PERSON TAKES OR FAILS TO TAKE BASED ON THE CONTENT OR SERVICES BY OR AS A RESULT OF THE USE OF THE SITE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, OR (V) THE LOSS OF ANY PERSONAL DATA THROUGH THE SITE, OR DAMAGES CAUSED BY ANY ITEM BOUGHT OR SOLD THROUGH THE SITE.
USER SPECIFICALLY AGREES THAT IN NO EVENT SHALL ORM OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, PARTNERS AND AFFILIATES BE LIABLE FOR ANY CONDUCT BY USER ASSOCIATED WITH THE SITE, INCLUDING, BUT NOT LIMITED TO, ACTIVITIES RELATING TO DATABASES, DIRECTORIES, COMMUNITIES, RESUMES, USER PROFILES, SURVEYS, ONLINE STORES, CHAT ROOMS, MESSAGE BOARDS OR OTHER SERVICES CURRENTLY OFFERED OR THOSE SERVICES THAT WILL BE OFFERED IN THE FUTURE.
IN NO EVENT SHALL ORM OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, PARTNERS AND AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, OR FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF ORM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN THE EVENT ORM IS FOUND LIABLE, ITS LIABILITY TO USER OR ANY THIRD PARTIES IS LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY OT APPLY TO USER. These limitations apply among other things to any third-party claims against ORM. The provisions of Sections 13-16 represent a reasonable allocation of the risks under this Agreement. ORM's willingness to allow you to access and use the Site reflects this allocation of risk and the limitations of liability specified herein.
16. WAIVER OF CLAIMS. BY USING THIS SITE, THE CONTENT, OR THE SERVICES, YOU SIGNIFY YOUR AGREEMENT TO AND DO THEREBY WAIVE ALL CLAIMS WHICH HAVE NOT BEEN FILED BY MAY HAVE ACCRUED AGAINST ORM OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, PARTNERS AND AFFILIATES PRIOR TO OR AS OF THE DATE OF SAID POSTING, REGARDLESS OF THE NATURE OF THE ACTION, WHETHER IN LAW OR EQUITY, AND SUCH CLAIMS ARE FOREVER BARRED.
17. Indemnity. User agrees to defend, indemnify and hold harmless ORM and (as applicable) its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates against any and all claims and expenses, including attorneys' fees, resulting from or otherwise arising out of User’s use of the Site or breach of the Agreement, including, but not limited to, the Content; goods purchased and sold through the Site (including from other Users and other third parties); forum postings; communications between You, ORM, other Users, our business partners, and/or other third parties; and Infringement Violations and violation of Laws by You.
18. Revocation of Access. ORM reserves the right to revoke User's access to the Site or any use authorizations relating to the Site granted to User.
19. Use of Software. We may make certain software available to You from the Site. If You download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, "Software") are deemed licensed to You by ORM, for Your personal, noncommercial, home use only. Such download does not transfer either the title or the intellectual property rights to the Software, and we retain full and complete title to the Software as well as all intellectual property rights therein. You shall not sell, redistribute, or reproduce the Software, nor shall You decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by ORM or its licensors and You shall not copy or use them in any manner.
21. Applicable Law. User acknowledges that the ORM Content contained in this Site is controlled in and originates from the United States. ORM makes no representation that any of the Content is appropriate or available for use in other locations. ORM has no responsibility for any access to this web site from territories where the Content may be illegal or otherwise prohibited. Users who choose to access this Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. Any claim relating to the use of Site and any Content shall be governed by the internal substantive laws of the State of North Carolina, without regard to its conflicts of laws rules. User expressly consents to the jurisdiction of the state and federal courts of North Carolina for any such claim. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
22. Notice. Any notices given pursuant to this Agreement that are directed to ORM shall be given by postal mail to:
Outdoor Roadmap LLC
630 W. Frank St.
Birmingham, MI 48009
Any notice from ORM that is directed to You shall be delivered to the mailing address or email address You provided us at the time of Registration. Notice shall be deemed given twenty four (24) hours after email is sent, unless we are notified that the email address is invalid or, in the case of notice sent via postal mail, three (3) business days after the date of mailing. ORM may also give notice of changes to this Agreement or other matters related to ORM by displaying notices to Users on the Site.
23. General. This Agreement constitutes the entire agreement between ORM and You with respect to Your use of the Site, and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral with respect to this subject matter. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section. If any part of this Agreement is deemed invalid or void, that part of the Agreement shall be deemed severable and shall not affect the validity or enforceability of any of the remaining conditions. ORM's failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. Sections 6, 8, 9, 10, 11, 12, 14, 15, 16, 17, 19, 21, 22, and 23 shall survive any expiration or termination of this Agreement.
24. No Purchases by Minors.
By ordering a product or services online from ORM, you represent that You are 18 years of age or older. If a child under the age of 18 orders a product or service from ORM without parental or guardian permission, then the parent or guardian may return the product or service for a refund according to the posted returns and exchanges policy that relate to that order.
25. Infringement Policy. Pursuant to § 201.38 and Digital Millennium Copyright Act (the “DMCA”), ORM respects the intellectual property of others, and we ask our users to do the same. ORM may, in appropriate circumstances and at its discretion, cancel postings and/or terminate the Accounts of users who may be causing Infringement Violations.
If you have found that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please submit the following information to our designated agent.
A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. 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 list of such works at that site;
C. 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 ORM to locate the material;
D. Information reasonably sufficient to permit ORM to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
F. A statement that the information in the notification is accurate, and under penalty of perjury, that the you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DMCA COUNTER-NOTIFICATION PROCEDURE (FOR COPYRIGHTED WORKS ONLY):
After ORM notifies a user that it has removed or disabled access to the user’s post because it contains material that allegedly infringes a third party’s copyright, the user may give ORM a statutory counter-notification pursuant to the DMCA in an effort to have the material in question restored. Any counter-notifications must be given in writing by email, fax or regular mail (see below) to ORM's designated agent, _____________, ______@________, and must contain the following elements:
A. Your physical or electronic signature;
B. A description of the material that was taken down;
C. The URL of the material before it was taken down;
D. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the item to be removed or disabled;
E. Your name, address and telephone number; and
F. A statement that you consent to the jurisdiction of the federal district court where your address is located (or if you reside outside the United States, that you consent to jurisdiction in Madison North Carolina), and that you will accept service of process from the person who provided notification under 17 U.S.C. Section 512 (c)(1)(C) or an agent of such person.
Note that you may be found liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity does not infringe the copyrights of others. If you are unsure whether certain material may infringe another’s copyright, we recommend that you first discuss this issue with legal counsel.
Please note that ORM enforces a policy that provides for the termination of users who are repeat infringers in appropriate circumstances.
A sample counter-notification letter is available at www.chillingeffects.org/dmca/counter512.pdf
Please contact ORM's Designated Agent to Receive Notification of Claimed Infringement at the following address:
Designated Agent (updated April 4th, 2011)
Last Updated on April 4th, 2011