I. SITE ACCESS
III. INTELLECTUAL PROPERTY OWNERSHIP
IV. LICENSE OF YOUR CONTENT TO OIA
V. LINKING TO OUR SITE
VI. USER POSTINGS
In the members-only portion of our Site, we offer a unique opportunity for you to post and share certain Postings, including press releases and other industry news, via our systems, networks, and servers and to publish, display, distribute, reproduce and/or perform such Postings, or any derivative work thereof, via the Website. If you have not subscribed to the members-only portion of the Site, this section of these terms do not apply to your use of the Site. OIA members may download documents posted by other members or post documents that they create. By posting a document on the Site, you: (a) acknowledge the document is available to all OIA members and other visitors to the Site; (b) acknowledge that, after posting a document, you have no control over who downloads the document or how others will use the document; and (c) expressly agree to such third party use of your document. Please note that the creator of the document retains complete ownership of the intellectual property rights (including copyright) in the document. By downloading a document from the Site, you agree not to infringe or misappropriate the intellectual property rights of the document owner. You may only use the document for non-commercial uses, and can not distribute the document without the consent of the owner. At no time are you permitted to remove any copyright or proprietary notices on the pages of a document. OIA assumes no responsibility for the accuracy of the documents or for any violation of the intellectual property rights of the owner of the documents. OIA expressly disclaims any and all liability related to the uploading and downloading of documents on the Site. You may not:
- submit Postings that are copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant to us all of the license rights granted herein;
- publish falsehoods or misrepresentations that could damage us or any third party;
- post, publish, upload or distribute any Postings that are defamatory, obscene, abusive, threatening, or that would otherwise violate any law on any interactive forum or that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, material that depicts child-pornography, acts of violence, drug use or would violate the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
- post material that solicits funds, or that advertises or solicits goods or services;
- post material known to be false;
- post or transmit any information, software or other material that contains a virus or other harmful component;
- post any promotions, political campaigning, or solicitations; post any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- post any material that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose us or our users to any harm or liability of any type, or
- impersonate another person.
VII. RESPONSIBILITY FOR REVIEW
We in no way endorse or support the opinions of others, or accept liability for those opinions. We are not responsible for material appearing on the Industry News page on the Site, except for material signed by an identified representative of OIA. If you direct us to store a User Submission and/or a Posting on our networks, systems or servers and/or otherwise make a Posting available via the Site, you shall, and hereby do, agree and acknowledge that: (a) except as set forth herein, we do not edit, review, select, censor or otherwise control the publication of any Posting, including, without limitation, for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason (b) all Postings are published by you and reside on our systems, networks, or servers at your sole direction, (c) you shall be solely responsible for any Postings uploaded, stored, published, or otherwise copied, distributed or displayed by us at your direction, and (d) we do not guarantee any confidentiality with respect to any Postings that you choose to upload and store on our networks, systems or servers and publish or otherwise copy, distribute, perform or otherwise display using the Site. Further, although we retain the right, at any time and for any reason or no reason at all, to edit, modify or remove Postings that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, or otherwise unacceptable, you acknowledge that we are under no obligation to do so. Notwithstanding the foregoing, and in compliance with Section 512(c) of the Digital Millennium Copyright Act (“DMCA”) and Section 230 of the Communications Decency Act, we reserve the right, in our sole discretion, to refuse, remove or delete any Posting at any time and for any reason. Whether or not we modify or remove such Postings, you remain solely responsible for the content of your Postings.
You are responsible for maintaining the confidentiality of your UserID and password, if any. You agree to notify us as soon as you discover any unauthorized use of your password.
X. DIGITAL MILLENNIUM COPYRIGHT ACT
We adhere to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). We may remove any materials posted on the Site upon receipt of notification alleging that such material infringes on the intellectual property rights of another (hereafter a “DMCA Takedown Notice“). To be valid, a DMCA Takedown Notice must (a) be provided to our designated agent, (“Copyright Agent“), and (b) must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Copyright Agent to receive DMCA Takedown Notices is:
Copyright Agent for Notice
Outdoor Industry Association
4909 Pearl East Circle
Boulder, CO 80301
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to customer service through email@example.com. You acknowledge that in order for us to takedown any materials, your DMCA Takedown Notice must comply with all of the requirements set forth above. Upon receipt of a valid DMCA Takedown Notice, we may (i) remove the allegedly infringing materials, or disable access thereto, and (ii) take reasonable steps to contact the provider of such allegedly infringing materials. Upon receipt of a conforming response to your DMCA takedown Notice, We may replace the removed materials within 10 business days unless you provide a court order to restrain us from doing so.
THE SITE, AND ALL SERVICES AND MATERIALS ON THE SITE ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WHERE IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED AND YOU AGREE THAT YOUR USE OF ANY OF THE FOREGOING SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, THE CONTENT, AND ANY NETWORK, SYSTEMS, AND/OR SERVERS RELATED THERETO, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR THAT YOUR USE OF THE SITE, WILL MEET YOUR EXPECTATIONS, BE UNINTERRUPTED, VIRUS OR ERROR-FREE, OR COMPLETELY SECURE OR THAT DEFECTS WILL BE CORRECTED.. WE DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, AND THE POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM; (C) THE UNAVAILABILITY OF THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY PORTION THEREOF; (D) YOUR USE OF THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS, (E) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR OR OUR SERVICE PROVIDERS’ SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE HEREBY GRANT THE MINIMUM EXPRESS AND IMPLIED WARRANTIES REQUIRED BY SUCH APPLICABLE LAW. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE OR THE CONTENT OR POSTINGS WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED OR THAT IT WILL ALWAYS BE ACCESSIBLE. WE DO NOT WARRANT OR REPRESENT THAT THE CONTENT OR POSTINGS AVAILABLE ON OR THROUGH THIS SITE WILL BE CORRECT, ACCURATE, TIMELY, OR OTHERWISE RELIABLE. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES TO ITS FEATURES, FUNCTIONALITY, CONTENT OR POSTINGS AT ANY TIME. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS , SERVICES, OPINION, ADVICE, OR RECOMMENDATION, PROMOTED, ADVERTISED OR OFFERED ON THE SITE OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, CONTENT, AND/OR ANY INTERACTIVE AREA THEREOF, OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE ARE NOT A PARTY TO, AND ARE NOT IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES (INCLUDING BUT NOT LIMITED TO OIA BUSINESS PARTNERS SUCH AS FED EX, ETC.). AS WITH ANY OTHER MEDIUM OR ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEN ENTERING INTO TRANSACTIONS ONLINE.
XII. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS, AND THEIR OR OUR AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS, AND/OR THEIR OR OUR OWNERS, SUBSIDIARIES, OR AFFILIATES, BE LIABLE FOR, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH (A) ANY USE OF, OR INABILITY TO USE, THE SITE AND/OR ANY MATERIALS ON THE SITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR OR OUR PROVIDERS’ SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. APPLICABLE LAW MAY NOT ALLOW THE FOREGOING LIMITATION OF LIABILITY, IN WHICH CASE YOU AGREE THAT OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION. AND IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR AFFILIATES OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.00. IF YOU ARE DISSATISFIED WITH THE SITE AND/OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THE SITE. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SITE AND/OR THE CONTENT WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATION AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDY SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED THEIR ESSENTIAL PURPOSE.
This Site is not intended for use by persons under the age of 13. If you are under 13, do not use this Site. If parents believe their minor children have accessed this Site and provided their personally identifiable information, please contact us at Outdoor Industry Association, 4909 Pearl East Circle, Suite 200, Boulder, CO 80301
XVII. UNLAWFUL ACTIVITY
XVII. GOVERNING LAW
XIX. INJUNCTIVE RELIEF
XX. SEVERABILITY OF PROVISIONS
XXII. CONTACT US
Copyright © 2009, Outdoor Industry Association. All rights reserved. Some portions of this Site are used under license. All brands and product names are trademarks or registered trademarks of their respective owners.
Updated March 24, 2009