TERMS AND CONDITIONS OF USE
Last updated: May 25, 2021
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 16. The Company does not permit those under 16 to use the Service.
1. The web site located at www.TerrainScouts.com (“Site”) and any software applications developed and/or distributed by Terrain Scouts (“Application(s)”), as well as any other products and services (collectively, “Terrain Scouts Products and Services”) are all owned and/or operated by Terrain Scouts LLC. The Site, Applications, and their contents may only be accessed for personal use. No material from Terrain Scouts or any Applications or web site owned, operated, licensed or controlled by Terrain Scouts may be used for any commercial or resale purposes. Furthermore, no materials may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Terrain Scouts’ copyright and other proprietary rights.
2. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited. All trademarks, service marks, and trade names (collectively, the “Marks”) are proprietary to Terrain Scouts or other respective owners that have granted Terrain Scouts the right and license to use such Marks. Individual documents on the Applications and/or Site servers may have different copyright conditions, and that will be noted in those documents. Any use of content or descriptions, any derivative use of the Applications, Site or their contents, and any use of data mining, robots, or similar data gathering and extraction tools are all strictly prohibited. In no event shall the user frame any portion of the Site or any content contained therein.
3. While Terrain Scouts uses reasonable efforts to include accurate and up-to-date information on the Site and Applications, Terrain Scouts makes no warranties or representations as to their accuracy. Terrain Scouts assumes no liability or responsibility for any errors or representations in the content of the Site or Applications.
4. The Site and/or Applications may contain links to other sites on the Internet that are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that Terrain Scouts is not responsible for the availability of, or the content located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
5. If applicable, users of the Site and Applications may post comments, reviews, and other content and submit suggestions, ideas, or other information, provided the content does not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or content which infringes upon the rights of any third party. User hereby represents and warrants that any user content provided to Terrain Scouts is owned by user or user has the right to access and use such content as contemplated herein. Furthermore, user represents and warrants that the user content does not violate the intellectual property or other rights of a third party. User agrees not to submit, deliver, distribute or otherwise upload or download content that (i) infringes upon the rights of any third party or (ii) creates liability for Terrain Scouts. The user agrees not to impersonate any person and/or other entity or communicate under a false name or a name the user is not entitled or authorized to use. Terrain Scouts has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site and Applications, including content that has been posted by users.
6. If you post content or submit material to the Site and/or Applications, you grant Terrain Scouts and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof. Furthermore, you grant Terrain Scouts, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. You will defend and indemnify Terrain Scouts and its affiliates from any claims resulting from any content or materials you provide hereunder.
7. Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you have agreed to allow your minor child, or a child for whom you are legal guardian (a “Minor”), to use the Site and/or Applications, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor’s access to and use of the Site and Applications; and (c) the consequences of any use of the Site and Applications by such Minor.
8. Terrain Scouts may allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase certain goods or services. You understand that Terrain Scouts does not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. Terrain Scouts is not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESS, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL TERRAIN SCOUTS BE LIABLE FOR ANY DAMAGES (DIRECT OR INDIRECT) ARISING FROM ANY TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO TERRAIN SCOUTS’ SITE. To the extent desired, you shall perform all reasonable inquiries into the quality, sufficiency, legality, fitness, and ability of the Merchant goods/services to meet your needs. Merchant has no power to bind Terrain Scouts in any way including, but not limited to, issues regarding warranties, adequacy of goods, and all other concerns. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. Terrain Scouts is not responsible for information provided by you to Merchants. Terrain Scouts and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
9. The Site and/or Applications may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail. Terrain Scouts may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.
11. You shall not transmit to Terrain Scouts or upload to the Site or Applications any Harmful Code or use or misappropriate the data on the Site or Applications for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person's information without such other person's knowledge and permission.
12. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
13. Termination. We may terminate your access to our Site and Applications for any reason.
14. U.S. Government Users Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Terrain Scouts’ proprietary rights in them. Terrain Scouts Site pages may contain other proprietary notices and copyright information that should be observed.
15. THE MATERIALS ON THE SITE AND APPLICATIONS ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TERRAIN SCOUTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR MATERIALS POSTED ON THE SITE OR APPLICATIONS. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, TERRAIN SCOUTS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. Furthermore, the Site and/or Applications may include certain information, reference guides, videos, and databases intended for use by fitness professionals. These tools are not intended to give and do not give professional fitness advice. In addition, this information is not intended or recommended as a substitute for professional fitness advice. Always seek the advice of your fitness professional or other qualified health care provider regarding any fitness regimen. Information on the Site and Applications may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Terrain Scouts may also make improvements and/or changes in the Terrain Scouts Products and Services described in this document at any time without notice.
16. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TERRAIN SCOUTS OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE TERRAIN SCOUTS PRODUCTS AND SERVICES, EVEN IF TERRAIN SCOUTS OR AN TERRAIN SCOUTS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF TERRAIN SCOUTS PRODUCTS AND SERVICES RESULT IN THE NEED FOR SERVICING, CORRECTION OF DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
17. YOU HEREBY REMISE, RELEASE, ACQUIT AND FOREVER DISCHARGE TERRAIN SCOUTS, ANY EMPLOYEES OR OFFICERS OF TERRAIN SCOUTS, AND ANY INDIVIDUALS ASSOCIATED WITH TERRAIN SCOUTS OR TERRAIN SCOUTS PRODUCTS AND SERVICES (“RELEASED PARTIES”) OF AND FROM ANY AND ALL LIABILITIES, CLAIMS, REMEDIES, DEMANDS, SUITS OR CAUSES OF ACTION OF WHATSOEVER KIND OR CHARACTER, IN WHOLE OR IN PART, WHETHER CHOATE OR INCHOATE, WHICH YOU MAY EVER HAVE AGAINST THE RELEASED PARTIES THAT IN ANY WAY DIRECTLY OR INDIRECTLY RELATE TO, RESULT FROM, ARE BASED UPON, OR ARISE OUT OF THE TERRAIN SCOUTS PRODUCTS OR SERVICES.
YOU FURTHER AGREE TO DEFEND, INDEMNIFY, SAVE, AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, LAWSUITS, LITIGATION, ATTORNEYS FEES, EXPENSES, OR ARBITRATIONS ARISING OUT OF ANY YOUR ACTIONS, EITHER INTENTIONALLY OR NEGLIGENTLY, DURING THE USE OF THE TERRAIN SCOUTS PRODUCTS AND SERVICES.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY OF YOUR ACTIVITIES RELATING TO THE TERRAIN SCOUTS PRODUCTS AND SERVICES SHALL BE PURELY VOLUNTARY AND CONDUCTED AT YOUR OWN CHOICE. YOU HEREBY ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE TERRAIN SCOUTS PRODUCTS AND SERVICES, INCLUDING ALL RISKS OF PERSONAL INJURY OR PROPERTY DAMAGE.
18. The state or federal courts sitting in Boise, Idaho shall have exclusive jurisdiction and venue over any dispute arising out of this Agreement and sale, and you hereby consent to the jurisdiction of such courts. Terrain Scouts shall not be liable to you for any delay or failure of Terrain Scouts to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of Terrain Scouts. Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by you in performing any requirements hereunder. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import. Any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments of this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules. The place of arbitration shall be Boise, Idaho. The language to be used in the arbitral proceedings shall be English. The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this Section and without abridgment of the powers of the arbitrator. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. This Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually in binding arbitration, but not as a class action. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent covenant. You may opt-out of this Section by providing written notice of your decision within thirty (30) days of the date that you first use the Site or Applications.
19. The contents of the Terrain Scouts App and site such as text, graphics, images, videos, information obtained from Our third party licensors, and other material contained ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your doctor or other qualified health provider with any questions you may have about a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen or read on the Terrain Scouts Content.
20. YOU DO, ON BEHALF OF YOURSELF AND ANYONE CLAIM THROUGH YOU, HEREBY REMISE, RELEASE, ACQUIT AND FOREVER DISCHARGE TERRAIN SCOUTS, ITS EMPLOYEES, SHAREHOLDERS, OFFICERS, DIRECTORS, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND ANY OTHER INDIVIDUALS ASSOCIATED WITH TERRAIN SCOUTS, THE SITE, APPLICATIONS, OR CONTENT (“RELEASED PARTIES”) OF AND FROM ANY AND ALL LIABILITIES, CLAIMS, REMEDIES, DEMANDS, SUITS OR CAUSES OF ACTION OF WHATSOEVER KIND OR CHARACTER, IN WHOLE OR IN PART, WHETHER CHOATE OR INCHOATE, WHICH THE RELEASING PARTIES MAY EVER HAVE AGAINST THE RELEASED PARTIES THAT IN ANY WAY DIRECTLY OR INDIRECTLY RELATE TO, RESULT FROM, ARE BASED UPON, OR ARISE OUT OF THE SITE, APPLICATIONS, OR CONTENT. You further acknowledge and agree that any of your activity relating to the Site, Applications, or Content shall be purely voluntary and conducted at your own choice. You hereby assume all risks associated with any activities, including all risks of personal injury or property damage to myself or others, in connection with your use of the Site, Applications or Content.
If you have any questions about these Terms and Conditions, You can contact us:
By email: firstname.lastname@example.org