OWA GRASSROOTS PROGRAM MEMBERSHIP PLATFORM
Last Modified: May 13, 2018
1. Introduction. Outdoor Women’s Alliance, a Utah nonprofit corporation (“OWA”, “we,” or “us”) offers this Grassroots Program Membership platform (the “Platform”) as part of Outdoor Women’s Alliance and www.outdoorwomensalliance.com to further its charitable mission to inspire confidence and leadership in women of all ages. The Platform facilitates connections between women and provides its female members with a valuable tool in building and strengthening their communities and themselves through the lens of outdoor adventure.
For the safety and security of our members, this Platform is offered and available to female users who are eighteen (18) years of age or older only. By using this Platform, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.
4. Accessing the Platform and Account Security.
We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Platform.
If you choose a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or internet connection so that others are not able to view or record your password or other personal information.
5. Intellectual Property Rights – General.
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by OWA, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. This Section 5 does not apply to User Contributions, as defined in and discussed in Section 8, below.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end-user license agreement for such applications.
- You may take such actions as are enabled by social media applications available on the Platform.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform. If you wish to make any use of material on the Platform other than that set out in this section, please address your request to: email@example.com.
6. Trademarks. OWA’s name, the terms “Outdoor Women’s Alliance” and “OWA,” the tagline “Ski, climb, ride, paddle: Go Conquer.”, the slogan “Go Conquer.”, OWA’s logos, and all related names, logos, product and service names, designs, taglines and slogans are trademarks of OWA or its licensors. You must not use such marks without the prior written permission of OWA. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- For the purpose of exploiting, harming, or attempting to exploit or harm any minor in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- To transmit, or procure the sending of, any advertising or promotional materials such as junk mail, chain letters, spam, or any other similar solicitation;
- To impersonate or attempt to impersonate OWA, an OWA employee or volunteer, another member or user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm OWA or users of the Platform or expose them to liability;
- Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform;
- Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
- Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent;
- Use any device, software, or routine that interferes with the proper working of the Platform;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform;
- Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; or
- Otherwise attempt to interfere with the proper working of the Platform.
8. User Contributions.
The Platform may contain message boards, personal profiles, personal message features, personal pages, forums, bulletin boards, and other interactive features (collective, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Platform.
Any User Contribution you post to the site will be considered non-confidential and nonproprietary. By providing any User Contribution on the Platform, you grant us and our and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any lawful purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not OWA, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform.
9. Monitoring and Enforcement; Termination.
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS OWA AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
10. Content Standards.
These Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- Promote or contain sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
- Be likely to deceive any person;
- Promote any illegal activity, or advocate, promote, or assist in any unlawful act;
- Portray any form of drug or alcohol use, legal or illegal;
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising, unless pre-approved by OWA;
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case; or
- Contain any content that violates the letter or spirit of OWA’s Forum Rules.
11. Copyright Infringement. If you believe that any User Contribution violates your copyright, please see our Copyright Policy (located here: https://www.outdoorwomensalliance.com/terms/#copyrightpolicy) for instructions on sending us a notice of copyright infringement. We will terminate the user accounts of repeat infringers.
12. Reliance on Information Posted. The information presented on or through the Platform is made available solely for general information purposes to further OWA’s charitable mission. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
This Platform includes content provided by third parties, including materials provided by other users, writers, journalists, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by OWA staff (but not OWA interns or volunteers), are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of OWA. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
13. Offline Activities. One aspect of OWA’s charitable mission is to facilitate connections between women that may lead to participation in outdoor activities. The Platform serves as an online forum through which women of all ages and experience levels can connect through their shared interests in the outdoors. You agree to participate in outdoor activities, meet other women in person, enter into mentor/mentee relationships, or act in any other way offline as a result of your use of the Platform at your own risk. We are not responsible, or liable to you or any third party, for any conduct, injury, or damage that occurs offline.
14. Events. OWA periodically puts on offline events to support its charitable mission. From time to time, OWA will post information about such events on the Platform. Postings related to events are for your informational purposes only and the information contained therein may change at any time with or without notice. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents. For your safety, and for the safety of other members, you may only share an event’s dates, general description (without location or time specified), and organizer contact information on third-party sites such as Facebook.
15. Changes to the Platform. We may update the content on this Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material. You must contact OWA directly at firstname.lastname@example.org before quoting any material from the Platform in any third-party publication or on any third-party website to verify that the quoted material is current as of the date of an intended post.
18. Linking to the Platform and Social Media Features. You may link to OWA’s homepage and pages other than the Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Platform may provide certain social media applications that enable you to:
- Link from your own or certain third-party websites to certain content on this Platform.
- Send emails or other communications with certain content, or links to certain content, on this Platform.
- Cause limited portions of content on this Platform to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these applications solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Platform or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or inline linking.
- Link to any part of the Platform or than its homepage (although you may link to other pages within www.outdoorwomensalliance.com).
You agree to cooperate with us in causing any unauthorized framing or linking to stop immediately. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our sole discretion.
19. Links from the Platform. If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. OWA has a gear-review program to support is charitable mission and will occasionally endorse, and link to, third-party products. OWA is not responsible for the content or quality of the linked sites or products, nor does it endorse a linked entity itself, even if it endorses such entity’s product. If you decide to access any of the third-party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
20. International Laws Apply. The owner of the Platform is based in the state of Utah in the United States. We provide this Platform for use by persons anywhere in the world; however, we make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with all local laws.
21. Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER OWA NOR ANY PERSON ASSOCIATED WITH OWA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM.
WITHOUT LIMITING THE FOREGOING, NEITHER OWA NOR ANYONE ASSOCIATED WITH OWA REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, SAFE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, OWA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
22. Limitation on Liability.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF OWA AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, VOLUNTEERS, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO OWA FOR MEMBERSHIP IN OWA IN THE LAST TWELVE MONTHS OUT OF WHICH LIABILITY AROSE.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law. The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
28. Your Comments and Concerns.
This Platform is operated by Outdoor Women’s Alliance, 4882 W. Wiley Post Way, Salt Lake City, Utah 84116.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.
All other feedback, comments, request for technical support, and other communications relating to the Platform should be directed to: email@example.com.
OUTDOOR WOMEN’S ALLIANCE
TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES
Last Modified: May 13, 2018
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS, OR SERVICES BY APPLICABLE LAW IN THE JURISDICTION IN WHICH YOU ARE ACCESSING THIS WEBSITE.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
These terms and conditions (these “Terms”) apply to the purchase and sale of products and services, including making charitable donations (collectively, “Purchases”), through www.outoorwomensalliance.com (the “Website”). Outdoor Women’s Alliance (“OWA”, “we,” “us,” or “our”) may change these Terms without prior written notice any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Modified Date” referenced at the top of this policy. You should review these Terms prior to making any Purchases. Your continued use of the Website after the “Last Modified Date” will constitute your acceptance of an agreement to such changes.
2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders or donations at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered or the donation you have made.
3. Prices and Payment Terms.
- All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
- We may, from time to time, offer promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between terms for a promotion and these Terms, the promotion Terms will govern.
- Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept most major credit and debit cards for all Purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order. Import duties, taxes, and charges are not included in the item price or shipping cost. These charges are the buyer’s responsibility. You agree that you will pay all duties, taxes, VAT and/or fees, if any, associated with your order in accordance with your local government’s law.
- As a non-profit, tax-exempt organization governed by section 501(c)(3) of the United States Internal Revenue Code, donations and your purchase of certain products and services on this Website may be tax deductible. If the donation or purchase you make through this Website is tax deductible, OWA will include the tax-deduction information on the receipt you receive upon completing the Purchase.
4. Shipments; Duties/Fees; Delivery; Title and Risk of Loss. OWA will arrange for shipment of any products purchased through the Website to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Import duties, taxes, and charges are not included in the item price or shipping cost. These charges are the buyer’s responsibility. You are responsible for any international duty and/or other international taxes that your country may charge in association with your order. Please check for any applicable fees, taxes, VAT and/or duties that may be incurred by your local government in association with your order and be prepared to pay these directly to the requesting party. OWA does not collect duties, nor do we receive any portion of duties or fees collected by your government in association with your order. OWA is not responsible for the reimbursement or credit of these fees to you. Your item may be held at customs for inspection, delaying the delivery time or requiring you to pick up at the customs location. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Returns and Refunds. Except for any products designated on the Website as “final sale” or “not returnable,” we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) days of purchase with valid proof of purchase, provided such products are returned in their original condition. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. Please consider purchasing shipping insurance on returns.
Refunds are processed within approximately seven business days of our receipt of the returned products. Your refund will be credited back to the same payment method used to make the original purchase on the Website. WE DO NOT OFFER REFUNDS ON ANY PRODUCTS DESIGNATED ON THE WEBSITE AS NON-RETURNABLE.
6. Manufacturer’s Warranty and Disclaimers. We do not manufacture or control any of the products or services offered on the Website. The availability of products or services through the Website does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on the Website. However, the products and services offered on the Website may be covered by the manufacturer’s warranty, if available, and as included with the product. If applicable, to obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty (if any). OWA is not responsible for any defective products.
ALL PRODUCTS AND SERVICES OFFERED ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES. AS SUCH, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT OWA SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
7. Limitation of Liability. IN NO EVENT SHALL OWA BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHER) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS OR SERVICES YOU HAVE ORDERED THROUGH THE WEBSITE.
The limitation of liability set forth above shall apply to the extent permitted by law.
8. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export.
10. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
11. Governing Law and Jurisdiction. This Website is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Utah.
12. Dispute Resolution and Binding Arbitration.
YOU AND OWA AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND OWA ARISING FROM OR RELATING TO YOUR PURCHASE OF PRODUCTS OR SERVICES, OR DONATIONS MADE, THROUGH THE WEBSITE WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association, in accordance with that company’s rules then in effect. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
13. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
14. Waiver. The failure by OWA to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of OWA.
15. Benefit. These Terms confer rights and remedies upon you and only you. They do not, and are not intended to, confer any rights or remedies upon any other person.
16. Notice. We may provide any notice under these Terms to you by sending a message to the email address you provide or by posting to the Website. A notice sent by email will be effective when sent. A notice provided by posting will be effective upon posting. It is your responsibility to keep your email address current in our records. To give us notice under these Terms please contact us via email at firstname.lastname@example.org. If you must contact us by personal delivery, overnight courier, or registered or certified US mail, please submit such notice to Outdoor Women’s Alliance, 4882 W. Wiley Post Way, Salt Lake City, Utah 84116. We may update our address for notices to us by posting a notice of the update on the Website. Any notice provided to us will be effective upon our receipt of the notice.
17. Severability. If the provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
18. Entire Agreement. These Terms are a final and integrated agreement between you and OWA on the matters contained herein.
OUTDOOR WOMEN’S ALLIANCE
WEBSITE COPYRIGHT POLICY
Last Modified: May 13, 2018
1. Reporting Claims of Copyright Infringement.
Outdoor Women’s Alliance (“OWA” or “we”) takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Website”) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification via email to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Outdoor Women’s Alliance
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
2. Counter-Notification Procedures.
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
3. Repeat Infringers.
In appropriate circumstances, OWA will disable and/or terminate the accounts of users who are repeat infringers.