1. ACCEPTANCE OF TERMS
www.Behindwoods.com
provides its service to you, subject to the following
Terms of Service ("TOS"), which may
be updated by us from time to time without notice
to you. In addition, when using particular BehindWoods.com
services, you and BehindWoods.com shall be subject
to any posted guidelines or rules applicable to
such services which may be posted from time to
time. All such guidelines or rules are hereby
incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
BehindWoods.com currently provides
users with access to a rich collection of resources,
including, various communications tools, forums,
shopping services, personalized content and
branded programming through its network of properties
(the "Service"). You also understand
and agree that the Service may include advertisements
and that these advertisements are necessary
for BehindWoods.com to provide the Service.
Unless explicitly stated otherwise, any new
features that augment or enhance the current
Service, shall be subject to the TOS. You understand
and agree that the Service is provided "AS-IS"
and that BehindWoods.com assumes no responsibility
for the timeliness, deletion, mis-delivery or
failure to store any user communications or
personalization settings.
You are responsible for obtaining
access to the Service and that access may involve
third party fees (such as Internet service provider
or airtime charges). You are responsible for
those fees, including those fees associated
with the display or delivery of advertisements.
In addition, you must provide and are responsible
for all equipment necessary to access the Service.
Please be aware that BehindWoods.com
has created certain areas on the Service that
contain adult or mature content. You must be
at least 18 years of age to access and view
such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use
of the Service, you agree to: (a) provide true,
accurate, current and complete information about
yourself as prompted by the Service's registration
form (such information being the "Registration
Data") and (b) maintain and promptly update
the Registration Data to keep it true, accurate,
current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete,
or BehindWoods.com has reasonable grounds to
suspect that such information is untrue, inaccurate,
not current or incomplete, BehindWoods.com has
the right to suspend or terminate your account
and refuse any and all current or future use
of the Service (or any portion thereof).
4. BehindWoods.com PRIVACY POLICY
Registration
Data and certain other information about you
is subject to our Privacy Policy. For more information,
see our full privacy policy at http://www.behindwoods.com/privacy-policy.html
5. MEMBER ACCOUNT, PASSWORD
AND SECURITY
You will receive a password
and account designation upon completing the
Service's registration process. You are responsible
for maintaining the confidentiality of the password
and account, and are fully responsible for all
activities that occur under your password or
account. You agree to (a) immediately notify
BehindWoods.com of any unauthorized use of your
password or account or any other breach of security,
and (b) ensure that you exit from your account
at the end of each session. BehindWoods.com
cannot and will not be liable for any loss or
damage arising from your failure to comply with
this Section 5.
6. MEMBER CONDUCT
You understand that all information,
data, text, software, music, sound, photographs,
graphics, video, messages or other materials
("Content"), whether publicly posted
or privately transmitted, are the sole responsibility
of the person from which such Content originated.
This means that you, and not BehindWoods.com,
are entirely responsible for all Content that
you upload, post, email, transmit or otherwise
make available via the Service. BehindWoods.com
does not control the Content posted via the
Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content.
You understand that by using the Service, you
may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances
will BehindWoods.com be liable in any way for
any Content, including, but not limited to,
for any errors or omissions in any Content,
or for any loss or damage of any kind incurred
as a result of the use of any Content posted,
emailed, transmitted or otherwise made available
via the Service.
You agree to not use the Service
to:
a.Upload,
post, email, transmit or otherwise make available
any Content that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise
objectionable;
b.Harm
minors in any way;
c.Impersonate
any person or entity, including, but not limited
to, a BehindWoods.com official, forum leader,
guide or host, or falsely state or otherwise
misrepresent your affiliation with a person
or entity;
d.Forge
headers or otherwise manipulate identifiers
in order to disguise the origin of any Content
transmitted through the Service;
e.Upload,
post, email, transmit or otherwise make available
any Content that you do not have a right to
make available under any law or under contractual
or fiduciary relationships (such as inside information,
proprietary and confidential information learned
or disclosed as part of employment relationships
or under nondisclosure agreements);
f.Upload,
post, email, transmit or otherwise make available
any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary
rights ("Rights") of any party;
g.Upload,
post, email, transmit or otherwise make available
any unsolicited or unauthorized advertising,
promotional materials, "junk mail,"
"spam," "chain letters,"
"pyramid schemes," or any other form
of solicitation, except in those areas (such
as shopping rooms) that are designated for such
purpose;
h.Upload,
post, email, transmit or otherwise make available
any material that contains software viruses
or any other computer code, files or programs
designed to interrupt, destroy or limit the
functionality of any computer software or hardware
or telecommunications equipment;
i.Disrupt
the normal flow of dialogue, cause a screen
to "scroll" faster than other users
of the Service are able to type, or otherwise
act in a manner that negatively affects other
users' ability to engage in real time exchanges;
j.Interfere
with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks
connected to the Service;
k.Intentionally
or unintentionally violate any applicable local,
state, national or international law, including,
but not limited to, regulations promulgated
by the U.S. Securities and Exchange Commission,
any rules of any national or other securities
exchange, including, without limitation, the
New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations
having the force of law;
l."Stalk"
or otherwise harass another; or
m.Collect
or store personal data about other users.
You acknowledge that BehindWoods.com
does not pre-screen Content, but that BehindWoods.com
and its designees shall have the right (but
not the obligation) in their sole discretion
to refuse or move any Content that is available
via the Service. Without limiting the foregoing,
BehindWoods.com and its designees shall have
the right to remove any Content that violates
the TOS or is otherwise objectionable. You agree
that you must evaluate, and bear all risks associated
with, the use of any Content, including any
reliance on the accuracy, completeness, or usefulness
of such Content. In this regard, you acknowledge
that you may not rely on any Content created
by BehindWoods.com or submitted to BehindWoods.com,
including without limitation information in
BehindWoods.com User Forums, and in all other
parts of the Service.
You acknowledge and agree that
BehindWoods.com may preserve Content and may
also disclose Content if required to do so by
law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS;
(c) respond to claims that any Content violates
the rights of third-parties; or (d) protect
the rights, property, or personal safety of
BehindWoods.com, its users and the public.
You understand that the technical
processing and transmission of the Service,
including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform
and adapt to technical requirements of connecting
networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL
USE
Recognizing the global nature
of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable
Content. Specifically, you agree to comply with
all applicable laws regarding the transmission
of technical data exported from the United States
or the country in which you reside.
8. CONTENT SUBMITTED OR MADE
AVAILABLE FOR INCLUSION ON THE SERVICE
BehindWoods.com does not claim
ownership of Content you submit or make available
for inclusion on the Service. However, with
respect to content you submit or make available
for inclusion on publicly accessible areas of
the Service, you grant BehindWoods.com the following
world-wide, royalty free and non-exclusive license(s),
as applicable:
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With respect to Content you submit or make available
for inclusion on publicly accessible areas of
BehindWoods.com, the license to use, distribute,
reproduce, modify, adapt, publicly perform and
publicly display such Content on the Service
solely for the purposes of providing and promoting
the specific BehindWoods.com to which such Content
was submitted or made available. This license
exists only for as long as you elect to continue
to include such Content on the Service and will
terminate at the time you remove or BehindWoods.com
removes such Content from the Service.
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With respect to photos, graphics, audio or video
you submit or make available for inclusion on
publicly accessible area of the Service other
than BehindWoods.com, the license to use, distribute,
reproduce, modify, adapt, publicly perform and
publicly display such Content on the Service
solely for the purpose for which such Content
was submitted or made available. This license
exists only for as long as you elect to continue
to include such Content on the Service and will
terminate at the time you remove or BehindWoods.com
removes such Content from the Service.
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With respect to Content other than photos, graphics,
audio or video you submit or make available
for inclusion on publicly accessible areas of
the Service other than BehindWoods.com Clubs
or BehindWoods.com Groups, the perpetual, irrevocable
and fully sub licensable license to use, distribute,
reproduce, modify, adapt, publish, translate,
publicly perform and publicly display such Content
(in whole or in part) and to incorporate such
Content into other works in any format or medium
now known or later developed.
"Publicly accessible"
areas of the Service are those areas of the
BehindWoods.com network of properties that are
intended by BehindWoods.com to be available
to the general public. By way of example, publicly
accessible areas of the Service would include
BehindWoods.com User Forums and BehindWoods.com
that are open to both members and visitors.
However, publicly accessible areas of the Service
would not include BehindWoods.com that are limited
to members..
9. INDEMNITY
You agree to indemnify and hold
BehindWoods.com, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners,
and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by
any third party due to or arising out of Content
you submit, post, transmit or make available
through the Service, your use of the Service,
your connection to the Service, your violation
of the TOS, or your violation of any rights
of another.
10. NO RESALE OF SERVICE
You agree not to reproduce,
duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the
Service, use of the Service, or access to the
Service.
11. GENERAL PRACTICES REGARDING
USE AND STORAGE
You acknowledge that BehindWoods.com
may establish general practices and limits concerning
use of the Service, including without limitation
the maximum number of days that email messages,
User Forum postings or other uploaded Content
will be retained by the Service, the maximum
number of email messages that may be sent from
or received by an account on the Service, the
maximum size of any email message that may be
sent from or received by an account on the Service,
the maximum disk space that will be allotted
on BehindWoods.com's servers on your behalf,
and the maximum number of times (and the maximum
duration for which) you may access the Service
in a given period of time. You agree that BehindWoods.com
has no responsibility or liability for the deletion
or failure to store any messages and other communications
or other Content maintained or transmitted by
the Service. You acknowledge that BehindWoods.com
reserves the right to log off accounts that
are inactive for an extended period of time.
You further acknowledge that BehindWoods.com
reserves the right to change these general practices
and limits at any time, in its sole discretion,
with or without notice.
12. MODIFICATIONS TO SERVICE
BehindWoods.com reserves the
right at any time and from time to time to modify
or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without
notice. You agree that BehindWoods.com shall
not be liable to you or to any third party for
any modification, suspension or discontinuance
of the Service.
13. TERMINATION
You agree that BehindWoods.com,
in its sole discretion, may terminate your password,
account (or any part thereof) or use of the
Service, and remove and discard any Content
within the Service, for any reason, including,
without limitation, for lack of use or if BehindWoods.com
believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. BehindWoods.com
may also in its sole discretion and at any time
discontinue providing the Service, or any part
thereof, with or without notice. You agree that
any termination of your access to the Service
under any provision of this TOS may be effected
without prior notice, and acknowledge and agree
that BehindWoods.com may immediately deactivate
or delete your account and all related information
and files in your account and/or bar any further
access to such files or the Service. Further,
you agree that BehindWoods.com shall not be
liable to you or any third-party for any termination
of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business
dealings with, or participation in promotions
of, advertisers found on or through the Service,
including payment and delivery of related goods
or services, and any other terms, conditions,
warranties or representations associated with
such dealings, are solely between you and such
advertiser. You agree that BehindWoods.com shall
not be responsible or liable for any loss or
damage of any sort incurred as the result of
any such dealings or as the result of the presence
of such advertisers on the Service.
15. LINKS
The Service may provide, or
third parties may provide, links to other World
Wide Web sites or resources. Because BehindWoods.com
has no control over such sites and resources,
you acknowledge and agree that BehindWoods.com
is not responsible for the availability of such
external sites or resources, and does not endorse
and is not responsible or liable for any Content,
advertising, products, or other materials on
or available from such sites or resources. You
further acknowledge and agree that BehindWoods.com
shall not be responsible or liable, directly
or indirectly, for any damage or loss caused
or alleged to be caused by or in connection
with use of or reliance on any such Content,
goods or services available on or through any
such site or resource.
16. BehindWoods.com'S PROPRIETARY
RIGHTS
You acknowledge and agree that
the Service and any necessary software used
in connection with the Service ("Software")
contain proprietary and confidential information
that is protected by applicable intellectual
property and other laws. You further acknowledge
and agree that Content contained in sponsor
advertisements or information presented to you
through the Service or advertisers is protected
by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except
as expressly authorized by BehindWoods.com or
advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative
works based on the Service or the Software,
in whole or in part.
BehindWoods.com grants you a
personal, non-transferable and non-exclusive
right and license to use the object code of
its Software on a single computer; provided
that you do not (and do not allow any third
party to) copy, modify, create a derivative
work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source
code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right
in the Software. You agree not to modify the
Software in any manner or form, or to use modified
versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized
access to the Service. You agree not to access
the Service by any means other than through
the interface that is provided by BehindWoods.com
for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT:
a.YOUR
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. BehindWoods.com
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b.BehindWoods.com
MAKES NO WARRANTY THAT (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET
YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
c.ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL.
d.NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM BehindWoods.com OR THROUGH
OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT BehindWoods.com SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF BehindWoods.com HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF
THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18
MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES
RELATING TO FINANCIAL MATTERS
If you intend to create or join
any service, receive or request any news, messages,
alerts or other information from the Service
concerning companies, stock quotes, investments
or securities, please read the above Sections
17 and 18 again. They go doubly for you. In
addition, for this type of information particularly,
the phrase "Let the investor beware"
is apt. The Service is provided for informational
purposes only, and no Content included in the
Service is intended for trading or investing
purposes. BehindWoods.com and its licensors
shall not be responsible or liable for the accuracy,
usefulness or availability of any information
transmitted or made available via the Service,
and shall not be responsible or liable for any
trading or investment decisions made based on
such information.
21. NOTICE
Notices to you may be made via
either email or regular mail. The Service may
also provide notices of changes to the TOS or
other matters by displaying notices or links
to notices to you generally on the Service.
23. VIOLATIONS
Please report any violations
of the TOS to us.