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1. GENERAL TERMS
This Terms and Conditions of Use Agreement (the "Agreement") sets out the terms and conditions that apply to you as an end user of our Web site. By clicking the acceptance button or using, browsing and/or accessing our Web site, you acknowledge that you have read and understood this agreement and agree to be bound by it. "Our Web site" refers to the site having the URL http://www.outdoorsyp.com. The right to use Outdoors Yellow Pages is personal to you and is not transferable to any other person or entity. Outdoors Yellow Pages reserves the right at any time to change or discontinue any aspect or feature of this site, including, but not limited to, content and hours of availability. Outdoors Yellow Pages reserves the right at anytime to change or modify the terms and conditions of this agreement, or to impose new conditions regarding your use of Outdoors Yellow Pages, including but not limited to adding fees and charges for use. Any changes or modifications to this Agreement are effective at the time notice is provided to you. Such notice may be provided in any manner deemed sufficient by Outdoors Yellow Pages, including but not limited to posting the changes or modifications on Outdoors Yellow Pages, electronic mail, delivery through the United States Postal Service or other advertisements used by Outdoors Yellow Pages. Your use of this site after such notification has been made will be deemed to constitute acceptance of such changes or modifications.
2. OWNERSHIP RIGHTS
Unless otherwise noted, all materials, including but not limited to: photographs; caricatures; illustrations; designs; icons; articles; text; audio clips and video clips (collectively, the "Content"); on this site are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by Outdoors Yellow Pages or its suppliers. The site as a whole is protected by copyright, and all worldwide rights, titles and interests in and to which are owned by Outdoors Yellow Pages or its suppliers. The Content and software on this site may be used only for conducting business between you and Outdoors Yellow Pages on this site. Any other use, including the reproduction, modification, creating derivative works, distribution, transmission, display or performance of the Content on this site is strictly prohibited. 'outdoorsyp.com' and other graphics, logos, service marks and trade names used on this site by Outdoors Yellow Pages are the trademarks of Outdoors Yellow Pages or its suppliers and may not be used without permission in connection with any third-party products or services or in any manner not permitted in Outdoors Yellow Pages trademark use policy, which may be promulgated from time to time. All other trademarks, service marks and trade names (including third party product names) used on this site are the property of their respective owners.
3. YOUR SUBMISSION
Outdoors Yellow Pages reserves the right to edit and post the questions or comments you submit to Outdoors Yellow Pages, along with their answers, without revealing your full name, e-mail address, or phone number. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene or pornographic material, or other material that would violate any law. All communications, comments, feedback, suggestions, ideas and other submissions to Outdoors Yellow Pages (collectively,"Submissions") shall be and remain Outdoors Yellow Pages property with all worldwide rights, titles and interests in all copyrights and other intellectual property in the submission assigned to Outdoors Yellow Pages.
4. INFORMATION, SUGGESTIONS, ADVICE
Users who seek, consume, or otherwise use advice from experts, articles or other text, communications with Outdoors Yellow Pages employees or communications with other users do so of their own volition and at their own risk. Outdoors Yellow Pages will have no obligations with respect to the information, suggestions or advice offered by any party. Outdoors Yellow Pages shall not be responsible for any loss or damage caused or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced on the Outdoors Yellow Pages site. Your participation in any discussion, forum or interchange on Outdoors Yellow Pages is solely at your own risk. No advice or information, whether oral or written, obtained by you from Outdoors Yellow Pages shall create any warranty not expressly made herein.
5. DOING BUSINESS WITH outdoorsyp.com AND OTHERS AT THIS SITE
Except where otherwise indicated, if this site offers you the opportunity to purchase goods or services, you are doing business with Outdoors Yellow Pages. There may also be instances when you do business directly with a guest vendor on this site. When this happens, the page on this site where you conduct the business will disclose that you are doing business directly with the guest vendor, not Outdoors Yellow Pages. There may also be special terms and conditions applicable to your dealings with the guest vendor, which will be disclosed at that point. When using services offered through Outdoors Yellow Pages guest vendors, you will be subject to terms posted by these guest vendors. Use of their services signifies your agreement to those additional terms.
6. LINKS TO OTHER WEB SITES
Links on this site to other Web sites operated by third parties are provided solely as a convenience to you. If you use these links, you will leave this site. Outdoors Yellow Pages has not reviewed the third party sites and is not responsible for any of those sites or their Content. Thus, Outdoors Yellow Pages does not endorse or make any representations about them, or any information, software, products or other materials found there or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk.
7. USER COMMUNICATION
Outdoors Yellow Pages may, but is not obligated to, monitor or review any areas on this site where users transmit or post communications to or through this site or communicate with other users of this site (including but not limited to chat rooms, bulletin boards and user forums) and the Content of any such communications. However, Outdoors Yellow Pages will have no liability related to the Content of any such communications, whether or not arising under the laws of copyright, patent, trade secret, defamation, privacy, obscenity, or any other law. You are solely responsible for all Content that you post, e-mail or otherwise transmit via this site. Outdoors Yellow Pages does not control the Content posted, e-mailed or otherwise transmitted via this site and, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using this site, you may be exposed to Content that is offensive, indecent or otherwise violates individuals or proprietary rights. Under no circumstances will Outdoors Yellow Pages be liable for any Content posted, e-mailed or otherwise transmitted via this site. Outdoors Yellow Pages may, at its sole discretion, take any action as Outdoors Yellow Pages in its sole discretion deems necessary if Outdoors Yellow Pages believes it may create liability for outdoorsyp.com, its suppliers, or its partners, including but not limited to removing any user Content or immediately terminating service if a user's conduct fails to confirm with the letter or spirit of these terms and conditions.
8. PASSWORD
Registered users are solely responsible for their failure to maintain the confidentiality of their account information and password. Furthermore, registered users are entirely responsible for any and all activities that occur under such registered users accounts. You agree to immediately notify Outdoors Yellow Pages of any unauthorized use of your account or any other breach of security known to you.
9. PRIVACY POLICY
Outdoors Yellow Pages recognizes and respects the importance of maintaining the privacy of our customers. Please refer to our privacy statement for details on what information we gather and how it is obtained. We request you to refer to that section for more details.
10. THIRD PARTY CONTENT DISCLAIMER
As a user of Outdoors Yellow Pages, you acknowledge and agree that Outdoors Yellow Pages does not endorse the Content of any member nor the Content supplied by any third parties. Any opinions, advice, statements, services, offers or other information or Content expressed or made available by third parties, including information providers, end users, or any other Outdoors Yellow Pages user, are those of the respective author(s) or distributor(s) and not of Outdoors Yellow Pages. Outdoors Yellow Pages does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on Outdoors Yellow Pages by anyone other than authorized Outdoors Yellow Pages employee spokespersons while acting in their official capacities, even though such Content could be unlawful, harassing, libelous, privacy-invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or could infringe the intellectual property or other rights of another. Neither Outdoors Yellow Pages nor any third-party provider of information guarantees the accuracy, completeness or usefulness of any Content, nor its merchantability or fitness for any particular purposes. Outdoors Yellow Pages reserves the right to edit, refuse to post or remove any material submitted to or posted on Outdoors Yellow Pages at its sole discretion. Under no circumstances will Outdoors Yellow Pages be liable for any loss or damage cause by your reliance on information obtained through Outdoors Yellow Pages.
11. INDEMNITY
As a user of Outdoors Yellow Pages, you agree to indemnify and hold Outdoors Yellow Pages and its subsidiaries, affiliates, officers, employees and agents harmless from any claim or demand, including attorneys fees, made by any third party due to or arising out of your use of this site, any submission you post, e-mail or transmit to or through this site, your violation of the Agreement or your violation of any third-party rights.
12. WARRANTY DISCLAIMER
THIS SITE IS PROVIDED BY Outdoors Yellow Pages ON AN "AS IS" BASIS. Outdoors Yellow Pages MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE ON THIS SITE. EXCEPT AS EXPRESSLY STATED OTHERWISE, Outdoors Yellow Pages MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MATERIALS, PRODUCTS OR SERVICES OFFERED ON THIS SITE. Outdoors Yellow Pages DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO ALL OF THE FOREGOING. FURTHERMORE, Outdoors Yellow Pages DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION AT THIS SITE. Outdoors Yellow Pages MAY MAKE CHANGES TO THE INFORMATION AT THIS SITE, INCLUDING TO THE PRODUCTS AND PRICES DESCRIBED ON THIS SITE, AT ANY TIME WITHOUT PRIOR NOTICE TO USERS OF THIS SITE. INFORMATION AT THIS SITE THAT IS PERIODICALLY UPDATED MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS SITE AND MAY CONTAIN ERRORS. Outdoors Yellow Pages DOES NOT WARRANT THAT USE OF THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The foregoing shall be enforceable to the maximum extent permitted by applicable law.
13. LIMITATION OF LIABILITY
IN NO EVENT WILL Outdoors Yellow Pages, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, OR THE MATERIALS, PRODUCTS OR SERVICES OFFERED ON THIS SITE OR SITES LINKED TO THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Outdoors Yellow Pages OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON INFORMATION PROVIDED THROUGH THIS SITE. THE AGGREGATE LIABILITY OF Outdoors Yellow Pages, OR ANY OF ITS SUPPLIERS OR OTHER THIRD PARTY VENDORS, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, MALPRACTICE, FRAUD OR ANY OTHER LEGAL THEORY) IS LIMITED TO THE PURCHASE PRICE OF ANY PRODUCTS YOU PURCHASED IN THE RELEVANT TRANSACTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. The foregoing shall be enforceable to the maximum extent permitted by applicable law.
14. TERMINATION
This agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon termination, you must destroy all copies of any materials obtained from the Web site. Outdoors Yellow Pages reserves the right to restrict access to this site to any user, and may at any time in its sole discretion with or without notice and with or without cause immediately deny access to this site by any person, including persons who previously had access.
15. JURISDICTION
Unless otherwise specified, the materials in the Web site are presented solely for the purpose of promoting Outdoors Yellow Pages and its products within the United States, its territories, possessions and protectorates. The Web site is controlled by outdoorsyp.com from its offices within the State of California, USA. Outdoors Yellow Pages makes no representation that materials in the Web site are appropriate or available for use in other locations outside the United States. Neither the Web site nor any underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of ) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders. By downloading or using any element of the Web site you are agreeing to the foregoing and you are certifying that you are not located in, under the control of, or a national or resident of any such country or on any such list. In addition, you are responsible for complying with any and all local laws in your jurisdiction, which may impact your right to use the Web site.
16. MISCELLANEOUS
This License is governed by the laws of the United States and the State of California, without reference to conflict of law principles. This is the entire agreement between the parties and supersedes any other communications with respect to the Outdoors Yellow Pages Web site. This License may not be modified except by a written addendum issued by a duly authorized representative of Outdoors Yellow Pages. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by Outdoors Yellow Pages. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect. The parties confirm that it is their wish that this License has been written in the English language only.
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